F.A.O NO. 2921 OF 2003 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O NO. 2921 OF 2003 DECIDED ON : 15.02.2010 Randhir Singh and others ...Appellants versus Roop Lal and others ...Respondents CORAM : HON'BLE MR. JUSTICE K. C. PURI Present : Mr. G. S. Sandhu, Advocate, for the appellants. Mr. Rahul Garg, Advocate for Mr. Ashwani Talwar, Advocate, for the Insurance Company. K. C. PURI, J. (ORAL) This is an appeal for enhancement of compensation in respect of death of Kamaljit Kaur. The deceased was aged about 32 years at the time of death and was working as Multipurpose Health Worker. She was drawing the salary of Rs.6251/- at that time. As per the case of claimants, Kamaljit Kaur died due to rash and negligent driving of truck bearing No. PB-11E-9607 by respondent No.1. The learned Tribunal has taken the income of deceased as Rs.6681/-, as per salary certificate and the dependency has been taken as Rs.4450/- per month. However, the multiplier of 10 has been applied. F.A.O NO. 2921 OF 2003 -2- So far as the dependency is concerned, that has been correctly assessed by the Tribunal as Rs.4450/- keeping in view the salary of Rs.6681/- as government employee. The yearly dependency comes to Rs.53,400/-. However, the multiplier applied by the Tribunal is on the lower side. The age of the deceased has been admitted as 32 years by the Tribunal. So in this manner, the multiplier of 10 is on the lower side in view of the authority “Smt. Sarla Verma & ors. vs. Delhi Transport Corporation & anr.” 2009 (3) RCR (Civil) 77. The multiplier in the age group of 31-35 should be 16. Applying the ratio of that multiplier, the amount calculated is Rs.8,54,400/-. The Tribunal has calculated an amount of Rs.2000/- on account of funeral expenses. So, adding that amount, it comes to Rs.8,56,400/-. The learned Tribunal has deducted an amount of Rs.50,000/- on account of ex-gratia grant received by the claimants on account of death of Kamaljit Kaur. The said deduction has been made relying upon the authority “H.R.T.C vs. Arvind Singh Mann & ors.” 1 (1992) ACC-210 (DB). So in this manner, the claimants are held entitled to claim Rs.8,06,400/-. Learned counsel for the appellants has further submitted that the deceased remained admitted in D.M.C from 15.05.1999 to 03.06.1999 when she succumbed to her injuries. It is contended that no amount has been granted in this respect. F.A.O NO. 2921 OF 2003 -3- However, learned counsel for the Insurance Company has contended that no documentary evidence has been placed on file. She was a government employee. She might have received the amount from her employer. However, the fact remains that some one must have attended the patient during the period of her hospitalization. So, an amount of Rs.10,000/- is granted against the gratuitous services. So in this manner, it comes to Rs.8,16,400/-. So, an amount of Rs.3,30,400/- more is awarded to the claimant in addition to the amount already awarded by the Tribunal. The enhanced amount shall be paid along with interest @ 7% per annum from the date of filing of the appeal till its realisation. The liability of the respondents shall be same as ordered by the Tribunal. The amount shall be shared by the claimants in the same ratio as ordered by the Tribunal. Disposed of. FEBRUARY 15, 2010 (K. C. PURI) shalini JUDGE