IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No.213 of 1999(O&M) Date of decision: 03.11.2009 Mrs. Satya Bagga & others. -----Appellants Vs. Subhash Singh & Others. -----Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE GURDEV SINGH Present:- Mr. L.M. Suri, Advocate for the appellants. Mr. Gaurav Goyal, Advocate for respondent No.2. --- ORDER: 1. This appeal has been preferred against judgment of learned Single Judge, determining compensation under the provisions of Motor Vehicles Act, 1988 at Rs.3,44,000/- with interest @ Rs.12% per annum from the date of filing of the claim petition till realization. 2. Om Prakash Bagga aged 53 years died in accident which took place on 4.9.1989 at 3-00 P.M. at Chandigarh while driving scooter No.CHM-8348 which was hit by truck No.CHW- 8046, owned by respondent No.2 Satish Kumar, which was being driven by Subhash Singh respondent No.1 and was insured with LPA No.213 of 1999 respondent No.3. The appellants are widow and sons of the deceased. They filed application for compensation before the Motor Accidents Claims Tribunal, Chandigarh, claiming compensation of Rs.15 lacs. The deceased was employed as Professor in the Department of Chemical Engineering, Panjab University, Chandigarh and was earning Rs.6505/- per month. The owner and driver admitted the accident but stated that the same did not take place due to the negligence of the driver of the truck. Main issue between the parties was whether there was negligence of the truck driver and the quantum of compensation due. The Tribunal held that the accident was on account of rash and negligent driving of the driver of the truck. Dependency of the claimants was assessed at Rs.4,000/- per month. Applying the multiplier of 7, compensation was worked out at Rs.3,36,000/-. However, it was held that liability of the Insurance Company was only to the extent of Rs.1,50,000/- in view of policy Ex.R-1. 3. On appeal to this Court, learned Single Judge added a sum of Rs.8,000/- to the compensation already awarded towards consortium and funeral expenses and also accepted the appeal filed by the owner, restricting the liability of the Insurance Company to Rs.1,50,000/- on the ground that w.e.f. 1.7.1989 new Act had come into force and under the amended provisions, liability of the Insurance Company was unlimited. The Insurance Company, the owner and the driver have not challenged the 2 LPA No.213 of 1999 judgment of learned Single Judge. Only claimants have filed this appeal. 4. Only contention raised on behalf of the appellants is that when age of deceased was 53, multiplier of 11 was required to be applied in view of judgment of the Hon’ble Supreme Court in Sarla Verma and others v. Delhi Transport Corporation and another 2009(6) SCC 121 (para 21). 5 Learned counsel for respondent No.2 has not been able to rebut this submission. None appears for the Insurance Company and the driver. 6. In view of judgment of the Hon’ble Supreme Court in Sarla Verma (supra), we are of the view that the contention raised on behalf of the appellants has to prevail. 7. Accordingly, this appeal is allowed and compensation awarded is increased, to be calculated by applying multiplier of 11. The appellants will be entitled interest @ 9% per annum on the enhanced amount of compensation from the date of application, to the date of payment, after adjusting the amount paid. (ADARSH KUMAR GOEL) JUDGE November 03, 2009 ( GURDEV SINGH ) ashwani JUDGE 3