FAO No.1773 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1773 of 2011 (O&M) Date of decision: 16.11.2011 Jaswinder Kaur and others ...Appellants Versus Rajinder Singh and others ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: None for the appellants. Mr.Vinod Gupta, Advocate for respondent No.3-Insurance Company **** Jitendra Chauhan, J. (Oral) CM No.5465 CII of 2011 Despite notice, no reply has been filed so far. Keeping in view the averments made in the application, delay of 140 days in filing the appeal is hereby condoned. Application stands disposed of. FAO No. 1773 of 2011 The present appeal has been filed by the claimants-appellants, seeking enhancement of the compensation amount awarded by the learned Motor Accident Claims Tribunal, Ludhiana (for short 'the Tribunal') vide award dated 8.4.2010, on account of the death of Jaswinder Singh in a motor vehicular accident. It has been pleaded in the appeal that the learned Tribunal wrongly assessed the income of the deceased as Rs.3500/- per month FAO No.1773 of 2011 (O&M) 2 despite the deceased being a skilled worker. It is further pleaded that there being four dependents, the learned Tribunal assessed the dependency of 1/3rd, which is wrong. It is further pleaded that the learned Tribunal applied the multiplier of 14 but according to the age of the deceased, it should be 18. It is further pleaded that no amount was awarded towards loss of consortium, loss of estate, funeral expenses, transportation etc. Learned counsel for the respondent-Insurance Company contends that the learned Tribunal has rightly determined the compensation and therefore, there is no scope of any enhancement. I have heard learned counsel for the respondent-Insurance Company and have gone through the grounds of appeal and perused the record carefully. From the perusal of the record, the death of Jaswinder Singh in a motor vehicular accident on 12.3.2008 is proved on record. There being no conclusive proof regarding the income of the deceased, considering him as a semi skilled worker, his income has been assessed at `3500/- prevalent at that time, which is adequate. He left behind his widowed wife, two minor children and parents. As per Smt. Sarla Verma and others Vs. Delhi Transport Corporation and another, 2009(3) RCR (Civil) 77, there being four dependents, 1/4th cut should be imposed towards the personal expenses of the deceased. Ordered accordingly. It is proved on record that as per autopsy report Ex.PB, the age of the deceased was 28 years at the time of his death but the learned Tribunal applied the multiplier of 14, which is inadequate. As per Smt.Sarla Verma's case (supra), the multiplier of 17 should have been applied, as the deceased was 28 years of age at the time of FAO No.1773 of 2011 (O&M) 3 his death. Ordered accordingly. As no amount has been awarded towards conventional head, therefore, this Court feels that grant of an amount of `20,000/- would meet the ends of justice, under the conventional head, keeping in view the facts and circumstances of the case. Ordered accordingly. Accordingly, the total compensation comes to `5,35,500/- (3500 x 3/4 x 12 x 17). The balance amount of compensation i.e. `1,43,500/- (5,35,500- 3,92,000, already awarded by the learned Tribunal) plus `20,000/- (total `1,63,500/-) shall be paid to the appellants in the manner indicated in the impugned award within 45 days from the date of receipt of the certified copy of the judgment, failing which, the same shall carry interest @7.5% per annum from the date of filing of the appeal, till its realisation. In view of above, the present appeal is partly allowed with the modification indicated above. 16.11.2011 (JITENDRA CHAUHAN) gsv JUDGE