IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.No.727 of 1995 Date of Decision 04.03.2010 Ram Chand Sharma and others ...... Appellants VERSUS Haryana State through Collector, Karnal and others ...... Respondents CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr.Ashit Malik, Advocate, for the appellants. Mr.Rajiv Malhotra, Addl. Advocate General, Haryana. ***** A.N.JINDAL, J(ORAL): This appeal for enhancement is directed against the award dated 30.07.1994, passed by Motor Accident Claims Tribunal, Karnal (herein referred as 'the Tribunal'), awarding compensation to the tune of Rs.76,800/- alongwith interest @ 12% per annum in favour of the appellants-claimants (herein referred as 'the claimants') and against the respondents jointly and severally on account of the death of Kamlesh Rani, in a motor vehicular accident. The respondents have neither challenged the negligence nor the liability. However, the claimants have sought enhancement of compensation. Having heard the rival contentions, it is noticed that Kamlesh Rani died at the age of 30 years and was having 4 minor children. It appears that she was to support the family consisting of her husband, parents-in-law and four minor children, therefore, her earning capacity could reasonably be assessed @ Rs.1,000/- per month. F.A.O.No.727 of 1995 -2- Taking into consideration the unit system i.e. four units for minors, two for husband and two for the parents in law, only 1/4th could be deducted towards her own personal expenses. In this manner, the dependency of the claimants would be Rs.750/- per month. While applying the multiplier of 18, the compensation awarded to the claimants comes to Rs.1,62,000/-. In addition to it, the claimants would also be entitled to a sum of Rs.5,000/- towards funeral expenses and Rs.5,000/- towards loss of consortium payable to the husband. In this manner, the claimants would be entitled to a sum of Rs.1,72,000/- as compensation on account of death of Kamlesh Rani. Resultantly, this appeal is partly accepted and the impugned award is modified by enhancing compensation to the tune of Rs.95,200/- over and above the award amount alongwith interest on the enhanced amount at the same rate as awarded by the Tribunal from the date of filing of the claim petition till realization. The remaining terms of the award shall remain intact. (A.N.Jindal) Judge 04.03.2010 mamta-II