IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.No.3511 of 2007 (O&M) Date of Decision 31.07.2009 Parmeshri and others ......Appellants VERSUS Satbir @ Dhare and others ......Respondents CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr.Saurabh Dalal, Advocate, for the appellants. Mr.G.D.Gupta, Advocate, for respondent No.4. ***** A.N.JINDAL, J(ORAL): This appeal, preferred by the appellants-claimants (herein referred as 'the claimants') for enhancement, is directed against the award dated 16.04.2007, passed by Motor Accident Claims Tribunal, Jhajjar whereby a sum of Rs.1,77,500/- alongwith interest @ 6% per annum was awarded to the claimants on account of the death of Ombir. The claimants are the widow, sons and mother of the deceased Ombir aged about 54 years. The insurance company has neither challenged the negligence nor its liability. However, it has been urged on behalf of the claimants that neither the income nor the multiplier have been properly assessed by the Tribunal. Income appears to have been assessed by the Tribunal at the rate of Rs.2100/- per month. Even a daily wager earns Rs.100/- per day i.e. Rs.3,000/- per month, therefore, Tribunal should have assessed his income as Rs.3,000/- per month. After deducting his own dependency to the extent of 1/3rd, his net dependency comes to Rs.2,000/- per month and Rs.24,000/- per annum. As regards the multiplier, it was F.A.O.No.3511 of 2007 (O&M) -2- observed by the Apex Court in case Smt.Sarla Verma and others vs. Delhi Transport Corporation and another 2009 (3) RCR (Civil) Page 77 that in case of persons dying in the age group of 50 to 55, 11 is the appropriate multiplier. Thus, after applying the multiplier of 11 (24,000 x 11 = 2,64,000) in this case and while further enhancing the amount of Rs.36,000/- (2,64,000 + 36,000 = 3,00,000) spent on last rites, funeral charges, loss of estate and transport, the claimant is entitled to Rs.3,00,000/-. Resultantly, this appeal is partly accepted and the impugned award is modified by enhancing compensation to the tune of Rs.1,22,500/- over and above the award amount. However, the appellants will also be entitled to the interest on the enhanced amount in the same terms as awarded by the Tribunal. (A.N.Jindal) Judge 31.07.2009 mamta-II