FAO No.1790 of 2011(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1790 of 2011(O&M) Date of decision: 16.11.2011 Smt.Veena Devi and others ...Appellants Versus Amit Kumar @ Chiku and others ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Ram Tilak Redhu, Advocate for the appellants. None for respondent Nos. 1 and 2. Mr.Ravinder Arora, Advocate for respondent No.3-Insurance Company **** Jitendra Chauhan, J. (Oral) CM No.5523 CII of 2011 Despite notice, no reply has been filed so far. Keeping in view the averments made in the application, delay of 18 days in filing the appeal is hereby condoned. Application stands disposed of. FAO No. 1773 of 2011 The present appeal has been filed by the claimants-appellants, seeking enhancement of the compensation amount awarded by the learned Motor Accident Claims Tribunal, Hisar (for short 'the Tribunal') vide award dated 1.10.2010, on account of the death of Ramesh Kumar in a motor vehicular accident. Learned counsel has referred to Smt. Sarla Verma and others FAO No.1790 of 2011(O&M) 2 Vs. Delhi Transport Corporation and another, 2009(3) RCR (Civil) 77, and states that deceased was 28 years of age at the time of his death and therefore, the multiplier of 17 should have been applied. He further contends that the learned Tribunal awarded a meager amount of `6,000/- only towards the last rites. No amount has been granted regarding transportation, loss of love and affection and other conventional heads. On the other hand, the learned counsel for the respondent- Insurance Company contends that the learned Tribunal has awarded just and adequate compensation and therefore, there is no scope of any enhancement. I have heard learned counsel for the parties and perused the record carefully. From the perusal of the award, it is made out that the the age of the deceased was 28 years as per his Postmortem Report Ex.P5. The learned Tribunal taking him to be a casual labourer assessed the income under the Minimum Wages Act at `3500/- and there being three dependents, as per Smt.Sarla Verma's case, assessed the dependency to the extent of 2/3rd. So the annual dependency was assessed at `27,600/-. The learned Tribunal applied the multiplier of 13, which is inadequate. As per Smt. Sarla Verma and others Vs. Delhi Transport Corporation and another, 2009(3) RCR (Civil) 77, the multiplier of 17 ought to have been applied instead of 13, as the deceased was 28 years of age at the time of his death. Ordered accordingly. It was a great shock to the family members of the deceased. He left behind his widowed wife and two minor children. The compensation of `6,000/- granted by the learned Tribunal towards last rites is on the lower FAO No.1790 of 2011(O&M) 3 side. Therefore, this Court feels that grant of total amount of Rs.20,000/- towards funeral expenses, loss of love and affection, transportation etc. would meet the ends of justice keeping in view the facts and circumstances of the case. Ordered accordingly. Accordingly, the total compensation comes to `4,83,200/- (27,600 (annual dependency) x 17 (multiplier) + 14,000 (enhanced towards all conventional heads). The balance enhanced amount i.e. `1,18,400/- (4,83,200- 3,64,800, already awarded by the learned Tribunal) shall be paid to the appellants in the manner indicated in the impugned award within 45 days from the date of receipt of the certified copy of the judgment, failing which, the same shall carry interest @7.5% per annum from the date of filing of the appeal, till its realisation. In view of above, the present appeal is partly allowed with the modification indicated above. 16.11.2011 (JITENDRA CHAUHAN) gsv JUDGE