FAO No. 4957 of 2008 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH FAO No. 4957 of 2008 (O&M) Date of decision : 25.2.2010 ... Baikunthi Devi and others ................Appellants vs. Surender Singh and others .................Respondents Coram: Hon'ble Mr. Justice K.C. Puri Present: Sh.Ajit Atri, Advocate for the appellants Sh. Suman Jain, Advocate for respondent No.3-Insurance Company. ... K.C. Puri, J. (Oral) CM No. 25080 CII of 2008 There is a delay of 561 days in filing the present appeal. It is pleaded in the application that award was pronounced on 31.7.2006. Application for obtaining certified copy of the award was filed on 11.8.2006, which was prepared on 14.8.2006 and delivered on 18.8.2006. It is further pleaded that appeal was filed on 28.10.2006 i.e. well within the period of limitation but the Registry raised some objections and the same was returned on 30.10.2006, which was re-filed on 16.5.2008 i.e. After a period of 561 days. During the course of arguments, it is submitted that appeal was filed without Power of Attorney of one of the claimants. So, the FAO No. 4957 of 2008 -2- appeal was filed within limitation. It is a technical objection only. The delay in filing the appeal stands condoned. FAO No. 4957 of 2008 Baikunthi Devi-mother, Lakshmi Devi- widow, Rahul-son and Rukmani Devi-minor daughter of Hari Singh, preferred claim petition on account of death of Hari Singh in a motor vehicular accident, claiming an amount of Rs.15 lacs. Learned Tribunal, after adjudication accepted the claim petition and granted an amount of Rs.2,71,000/-. The income of the deceased was taken as Rs.3,000/- per month. 1/3rd amount was deducted on account of expenses for maintenance of the deceased and in this manner, the monthly dependency was taken as Rs.2,000/- per month and yearly dependency was taken as Rs.24,000/-. The age of the deceased was assessed as 45 years by the Tribunal and multiplier applied by the Tribunal was 11. In this manner, an amount of Rs.2,64,000/- was calculated. An amount of Rs. 2,000/- was allowed on account of transportation and Rs.5,000/- on account of loss of consortium. In this manner, an amount of Rs.2,71,000/- was granted. Feeling dissatisfied with the abovesaid award, the present appeal has been filed for enhancement of compensation. Learned counsel for the appellants has relied upon the authority reported as Smt. Sarla Verma and others vs. Delhi Transport Corporation and another 2009(3) RCR (Civil) 77, and on the strength of same, it has been argued that where the family FAO No. 4957 of 2008 -3- members are 4 to 6, in that case the deduction in respect of personal expenses should be 1/4th and it is further contended that for the age group of 41 to 45, the multiplier should be 14. No contrary authority could be cited by the counsel for the respondent. So, relying upon Smt. Sarla Verma's case (Supra), the income of the deceased taken as Rs.3,000/- per month as assessed by the Tribunal is correct. After deducting 1/4th of the amount in respect of maintenance of the deceased, the monthly dependency of the claimants comes to Rs.2,250/- and yearly dependency comes to Rs. 27,000/- (2,250 X 12). The multiplier for the age of deceased should be 14 and by applying that multiplier, the amount is calculated as Rs.3,78,000/- (27,000 X 14). The Tribunal has granted Rs.2,000/- in respect of transportation and Rs.5,000/- in respect of loss of consortium. Claimants are also held entitled to claim Rs.10,000/- more in respect of funeral expenses and loss of estate. So, in this manner, the claimants are held entitled to claim Rs.3,95,000/-. The enhanced amount of Rs.1,24,000/- shall carry the same interest as awarded by the Tribunal. The liability to pay the amount shall be the same as held by the Tribunal. Out of the said amount, the widow shall be paid Rs.75,000/- and the remaining amount shall be shared equally by the other claimants. However, the claimants shall not be entitled to interest for 561 days. The appeal stands disposed of. ( K.C. Puri ) 25.2.2010 Judge chugh