FAO No. 597 of 1989 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.597 of 1989 Jasbir Kaur and others ....Appellants VERSUS M/s Laxmi Food Manufactures & Supplies, Ambala Cantt. & others ....Respondents FAO No. 687 of 1989 Satram Dass and others. .....Appellants VERSUS M/s Laxmi Food Manufactures & Supplies, Ambala Cantt. & others. .....Respondents. Decided on : 08-12-2008 CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. G.S.Bhatia, Advocate for the appellants. Mr. D.R.Singla, Advocate for the Insurance Company. MAHESH GROVER, J This order will dispose of two appeals i.e. FAO Nos. 597 of 1989 and 687 of 1989. These appeals are directed against the award of the Motor Accident Claims Tribunal, Patiala, dated 31.8.1988. In an accident which took place on 13.5.1987, Balwinder Kumar alias Bhola, Gurmit Singh and Naresh Kumar died when a Matador Van being driven by Kesar Singh hit the motor cycle on which all the deceased FAO No. 597 of 1989 2 were going from the opposite side. Three separate claim petitions were preferred by the legal heirs of all the deceased which were answered in their favour by the learned Tribunal. Dis-satisfied by the award, appellants (claimants of two claim petitions) are in appeal. FAO No. 597 of 1989 is preferred by mother, brother and sisters of deceased Gurmit Singh whereas FAO No. 687 of 1989 was preferred by father, mother, sisters, brothers and grand-mother of deceased Naresh Kumar. In FAO No. 597 of 1989, Gurmeet Singh was stated to be a student of BA Part-II in the year 1982 but the accident took place in the year 1987 and he was aged 26 years. There is nothing on record to suggest that he was earning any amount or was engaged in any business. Although it is stated that brother of the deceased was employed with a cloth merchant and was earning Rs.400/- to Rs.500/- per month. In this view of the matter, there is no evidence on record to suggest the income of the deceased and therefore at best he can be assessed as a labourer and a notional income can be attributed to him. The Tribunal has therefore rightly assessed the income of the deceased as Rs.750/- per month by taking him as a labourer. The dependency was assessed as Rs.500/- per month but it was slashed by 50% on the ground that the claimant had another son to take care of her. I do not agree with the reasoning adopted by the Tribunal. The dependency which was assessed as Rs.500/- should have been accepted. In this manner, finding of the Tribunal is reversed and it is held that the FAO No. 597 of 1989 3 dependency of the deceased is assessed as Rs.500/- per month i.e. Rs.6000/- per annum. Multiplier of 16 which has been applied by the Tribunal is just and adequate. In this manner, compensation comes to Rs. 96,000/-. An amount of Rs.10,000/- is awarded for funeral expenses and another sum of Rs.10,000/- for love and affection. Therefore, the appellants are held entitled for a total compensation of Rs. 1,16,000/-. The enhanced amount of compensation shall be paid alongwith interest at the rate of 9% per annum from the date of filing of the petition till the date of its realisation. The liability to satisfy the award shall remain the same as has been determined by the Tribunal. In FAO No. 687 of 1989 deceased Naresh Kumar was dealing in wholesale business of fruits and he was stated to be earning Rs.2,000/- per month and used to give his entire income to his father. The Tribunal assessed his income as Rs.1000/- per month i.e. Rs.12,000/- per annum and multiplier of 16 was applied to arrive at a compensation of Rs.1,92,000/-. However, keeping in view the fact that the deceased would have got married after sometime, this amount of compensation was slashed by 1/4th and Rs.48,000/- was awarded to the claimants. After hearing learned counsel for the parties and perusing the award, I am of the considered opinion that the mode adopted by the Tribunal for assessing the compensation is not correct. There is nothing on record to suggest the income of the deceased which he was drawing as wholesale dealer of the fruits. Therefore, the income which has been assessed as Rs.1000/- by the Tribunal cannot be termed to be inadequate. However, the Tribunal ought to have deducted 1/3rd of his income on FAO No. 597 of 1989 4 account of personal expenses and dependency in this manner comes to Rs. 666/- which is rounded off to Rs.665/- per month i.e. Rs. 7980/- per annum. Multiplier of16 applied by the Tribunal is just and adequate. Therefore, the compensation comes to Rs. 1,27,680/-. An amount of Rs.20,000/- is awarded on account of funeral expenses and loss of love and affection. Therefore, the appellants are held entitled to a total compensation of Rs.1,47,680/-. The enhanced amount of compensation shall be paid alongwith interest at the rate of 9% per annum from the date of filing of the petition till the date of its realisation. The liability to satisfy the award shall remain the same as has been determined by the Tribunal. With the aforesaid modifications, both the appeals stand allowed. December 8 , 2008 (Mahesh Grover) rekha Judge