FAO No. 4063 of 2009 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH FAO No. 4063 of 2009 (O&M) Date of decision : 28.4.2010 ... Jitender minor through Raghubir Singh and others ................Appellants vs. Rohtash @ Munna Ji and others .................Respondents Coram: Hon'ble Mr. Justice K.C. Puri Present: Sh. Manoj Tanwar, Advocate for the appellants Sh. R.M. Suri, Advocate for Insurance company-respondent No.3. ... K.C. Puri, J. (Oral) This is an appeal directed by two minor children and parents of Rajesh @ Kalia claiming compensation on account of his death in a motor vehicular accident. Learned Tribunal, after adjudication, accepted the claim petition and granted an amount of Rs.3,50,100/-. The age of the deceased was taken as 32 years and multiplier of 12 has been applied. The income of the deceased has been taken as Rs.3,600/- per month and by applying cut of 1/3rd in respect of personal expensed of the deceased, the dependency has been calculated as Rs.2,400/- per FAO No. 4063 of 2009 -2- month. Rs.2,000/- was allowed on account of funeral expenses and Rs.2,500/- was allowed on account of loss of estate. In this manner, the total amount awarded was Rs.3,50,100/- (2400 X 12 X 12 + 2000 + 2500). Feeling dissatisfied with the above said award, the appellants have preferred the present appeal. Notice of the appeal was given to respondent No.3-Insurance company. I have heard learned counsel for both the sides and have also gone through the record of the case. So for as the income of the deceased, assessed by the Tribunal as Rs.3,600/- per month, is concerned, that finding does not call for any interference. However, in view of authority reported as Smt. Sarla Verma and others vs. Delhi Transport Corporation and another 2009(3) RCR (Civil) 77, the dependency should have been calculated by applying the cut of 1/4th for the personal expenses of the deceased, as there are four dependents. So, by applying the cut of 1/4th, the dependency of the claimants is calculated as Rs.2,700/- per month and the yearly dependency comes to Rs.32,400/-. The multiplier applicable for the age group of 31 to 35 years as per Smt. Sarla Verma's case (Supra), is 16. So, by applying that multiplier, the amount stands calculated as Rs.5,18,400/-. The Tribunal has allowed Rs.2,000/- in respect of funeral expenses and Rs.2,500/- in respect of loss of estate. So, in this manner, the claimants are held entitled to claim Rs.5,22,900/-. So, the amount of compensation stands enhanced by Rs.1,72,800/- (5,22,900 – 3,50,100). The said FAO No. 4063 of 2009 -3- enhanced amount shall carry interest @ 7% per annum from the date of appeal till realisation. Out of the said enhanced amount, Rs.30,000/- each shall be paid to appellants No. 3 and 4, whereas remaining amount shall be paid to appellants No. 1 and 2 in equal share. The amount of minors i.e. appellants No. 1 and 2 , shall be deposited in the shape of FDR in such a manner that they shall get maximum rate of interest. In case the grandparents require the amount for maintenance of the minors, in that case, they can apply the Tribunal for grant of interest on the amount deposited. The liability to pay the enhanced amount shall be the same as awarded by the Tribunal. The appeal stands disposed of. ( K.C. Puri ) 28.4.2010 Judge chugh