IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.No.2977 of 2008 (O&M) Date of Decision 11.09.2009 Prem Wati and others ......Appellants VERSUS Deepak Batra and others ......Respondents CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr.Diwan S.Adlakha, Advocate, for the appellants. Mr.Sagar Deswal, Advocate, for respondent No.1. Mr.R.C.Kapoor, Advocate, for respondent No.2-Insurance Company. Mr.J.S.Arora, Advocate, for respondent No.3. Mr.Nitin Kumar, Advocate, for respondent No.4. ***** A.N.JINDAL, J(ORAL): C.M.No.16925-CII of 2008 Allowed as prayed for. F.A.O.No.2977 of 2008 This appeal for enhancement is directed against the award dated 01.04.2008, passed by Motor Accident Claims Tribunal, Ambala, awarding compensation to the tune of Rs.3,10,000/- alongwith interest @ 7.5% per annum in favour of the appellants-claimants (herein referred as 'the claimants') on account of the death of Surinder Kumar, aged about 35 years and against the respondents jointly and severally. The Insurance Company has neither challenged the liability nor the negligence. However, the claimants have sought enhancement of the F.A.O.No.2977 of 2008 (O&M) -2- compensation on the grounds that there were four dependents upon the deceased but only a cut of 1/3rd towards his own dependency was made out of the total income whereas it should have been 1/4th . He has further urged that the deceased was 35 years old but the multiplier of 15 was applied whereas as per the Apex Court judgment delivered in case Smt.Sarla Verma and others vs. Delhi Transport Corporation and another 2009 (3) RCR (Civil) Page 77 the multiplier of 16 should be the appropriate multiplier to be applied in this case. However, learned counsel for the claimants has offered to settle the appeal if the compensation is enhanced to Rs.60,000/- over and above the award amount to which learned counsel for respondent No.2-Insurance Company agrees. Thus, with the consensus between the parties, this appeal is partly accepted and the impugned award is modified by enhancing compensation of Rs.60,000/- over and above the award amount which will be paid by the respondent-Insurance Company within 45 days on the receipt of copy of the order, failing which the appellant would be liable to receive interest on the enhanced amount at the same rate, as awarded by the Tribunal. No order as to costs. (A.N.Jindal) Judge 11.09.2009 mamta-II