IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.No.4566 of 2009(O&M) Date of Decision 24.09.2009 Pepsu Road Transport Corporation and another ...... Appellants VERSUS Jaspal Singh and others ...... Respondents CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Ms.Jaspal Kaur Gurna, Advocate, for the appellants. ***** A.N.JINDAL, J(ORAL): This appeal, preferred by the appellants-Pepsu Road Transport Corporation and another (herein referred as 'the appellants') is directed against the order dated 11.05.2009, passed by Motor Accident Claims Tribunal, Patiala (herein referred as 'the Tribunal'), awarding compensation to the tune of Rs.8,74,000/- alongwith interest @ 9% per annum in favour of respondents No.1 to 4-claimants (herein referred as 'the claimants') and against the appellants and respondent No.5 jointly and severally on account of the death of Nirmal Kaur, aged about 50 years in a motor vehicular accident. The grounds as set up by the appellants are that the Tribunal did not take care of the married daughters and the appropriate multiplier to be applied in this case and awarded the exaggerated amount. Heard. It may be noticed that application under Section 166 of the Motor Vehicles Act could be preferred by the legal representatives and not by the dependents. This word “legal representative” has been substituted by the word “dependent” after amendment in the Motor Vehicles Act, 1944. As such, the application filed by the married daughter is maintainable. Now coming to the quantum of compensation, the salary slip relating to Nirmal Kaur Ex.PW3/A transpires that she has been drawing monthly salary of Rs.19,000/- after necessary deduction on account of house rent and medical allowance. It further transpires that on the death of Nirmal Kaur, claimant No.1 Jaspal Singh has been getting monthly pension F.A.O.No.4566 of 2009(O&M) -2- of Rs.6812/- on account of the death of his wife Nirmal Kaur. So after deducting monthly pension, the net income comes to Rs.12,000/- per month and after deducting 1/3rd, which the deceased may be contributing towards herself, the net dependency comes to Rs.8,000/- per month and Rs.96,000/- per annum. It is also proved on record that deceased was 53 years old at the time of accident. Thus, while applying the multiplier of 9, the Tribunal was right in assessing the compensation to the tune of Rs.8,64,000/- + Rs.10,000/- as amount spent on cremation and last rites of the deceased. There is nothing to point out as to in what way the compensation is on the higher side. No grounds to interfere. Dismissed. (A.N.Jindal) Judge 24.09.2009 mamta-II