FAO No.1848 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1848 of 2011 (O&M) ( in MACT No.29 of 2009 ) Date of decision: 7.11.2011 Smt.Vidya Devi and others ....Appellants Versus Roshan Lal and others ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Balraj Gujjar, Advocate for the appellants Mr.RA Sheoran, Advocate for respondent Nos.1 and 2. Mr.Vishal Chaudhary, Advocate for respondent No.3. ***** Jitendra Chauhan, J.(Oral) The sole argument raised by the learned counsel for the appellants is that the learned Tribunal has not assessed the dependency and multiplier as per the law laid down by the Hon'ble Supreme Court in Smt. Sarla Verma and others Vs. Delhi Transport Corporation and another, 2009(3) RCR (Civil) 77 . I have heard learned counsel for the parties and perused the record carefully. It is proved on record that death of Ashok, son of the appellant No.1 has occurred in an accident which took place on 26.1.2009. The learned Tribunal considering the deceased as an unskilled worker assessed FAO No.1848 of 2011 (O&M) 2 his income as ` 3600/- per month, which is adequate. Further it is proved on record that the age of the mother of the deceased was 52 years, but the learned Tribunal has applied the multiplier of 8, which is on the lower side because as per Smt.Sarla Verma's case , the multiplier of 11 should have been applied. Further the learned Tribunal has also assessed the dependency as 50%, whereas there are three dependents and as per the parameters laid down by the Hon'ble Supreme Court in Smt.Sarla Verma's case, only 1/3rd cut should have been applied towards the personal expenses of the deceased. The dependency of the appellants comes to `3,16,800/-, for which the appellants are entitled to. Another sum of `20,000/-was also granted towards conventional heads, which calls for no interference. Ordered accordingly. Resultantly, the total compensation comes to ` 3,16,800 (3600 x 2/3 x 12 x 11). The balance enhanced amount i.e. ` 1,44,000/- (3,16,800- 1,72,800 already awarded by the learned Tribunal) 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 this 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. 7.11.2011 (JITENDRA CHAUHAN) gsv JUDGE