FAO No. 704 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 704 of 2009 Date of decision 28.4.2009. Raj Kumar and others ...... Appellants. versus Karnail Singh & Others ...... Respondents. Present : Ms. Sharmila Sharma, Advocate for the appellants. L.N.MITTAL,J.(Oral) This is appeal by claimants for enhancement of compensation awarded by learned Motor Accident Claims Tribunal, Panipat vide award dated 3.10.2008 for death of Birmati in a motor vehicular accident. Appellant No.1 is husband of the deceased whereas appellant Nos. 2 and 3 are major sons of the deceased. Although there was plea by the claimants that the deceased was running a Boutique, but no evidence except self serving oral statement of one of the claimants Rupesh was led. Consequently, income was assessed at Rs.3000/- per month. Dependency was assessed as 2/3rd of the income and multiplier of 10 has been applied, taking into consideration age of the deceased being 50 years. In addition thereto, a sum of Rs.10,000/- towards FAO No. 704 of 2009 2 loss of consortium and Rs.10,000/- towards funeral expenses has also been awarded. Learned counsel for the appellants contended that multiplier of 10 is inadequate. The contention cannot be accepted. The deceased has been taken to be housewife. Appellant Nos.2 and 3 are major sons. After their marriage, no services would have been rendered to them by the deceased and, therefore, dependency would have come down from 2/3rd to 1/3rd of the income of the deceased. Moreover, after crossing the age of 60 years, the deceased would not have been able to render services as house wife and would have herself required such services to be rendered by appellant Nos.2 and 3 and their wives. Consequently, multiplier of 10 cannot be said to be inadequate. Learned counsel for the appellants also contended that the amount of Rs.10,000/- for loss of consortium is inadequate. The contention cannot be accepted because Second Schedule to the Act provides for amount of Rs.5000/- towards loss of consortium whereas the Tribunal has already awarded Rs.10,000/- under this head. In view of the aforesaid, finding no merit in the instant appeal, the same is hereby dismissed. ( L.N.MITTAL ) JUDGE April 28, 2009 sv