FAO No. 4833 of 2009 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH FAO No. 4833 of 2009 (O&M) Date of decision : 8.4.2010 ... Kashmir Kaur @ Sillu and others ................Appellants vs. Pepsu Road Transport Co. and others .................Respondents Coram: Hon'ble Mr. Justice K.C. Puri Present: Sh. C.L. Verma, Advocate for the appellants Sh. Sukhjeet Singh, Advocate for respondents No. 1 and 2. ... K.C. Puri, J. (Oral) There is a delay of 12 days in filing the present appeal. Counsel for the respondents has opposed the prayer for condonation of delay. In the application it is mentioned that due to financial constraints, there is delay in filing the appeal. Counsel for respondents has stated that Rs.50,000/- was paid to the claimants and on that account, there is no financial constraint. The argument advanced by counsel for the respondents does not carry weight. This is a welfare legislation. The Parliament in its FAO No. 4833 of 2009 -2- wisdom has not prescribed the limitation for filing a claim petition. So, the delay in filing the appeal stands condoned. The petition under Section 163-A of the Motor Vehicles Act, has been accepted and a sum of Rs.2,38,000/- has been allowed to the claimants. The income of the deceased has been taken as Rs.3,000/- per month i.e. Rs.36,000/- per year. The annual dependency has been taken as Rs.24,000/- by applying the cut of 1/3rd with regard to personal expenses of the deceased. The age of the deceased was 40 and the multiplier applied by the Tribunal is 12. In this manner the amount was calculated as Rs.2,88,000/- (24,000 X 12). Rs.50,000/- has already been paid to the claimants, so by deducting that amount the claimants were held entitled to claim Rs.2,38,000/- (2,88,000 – 50,000). Feeling dissatisfied with the above said award, the claimants have filed the present appeal for enhancement of compensation. I have heard counsel for both the sides and have also gone through the record of the case. The Tribunal has no choice and has to grant compensation in accordance with Schedule of Section 163 A of the Motor Vehicle Act. According to the Schedule the monthly dependency comes to Rs.2,000/- by applying the cut of 1/3rd and the yearly dependency comes to Rs.24,000/- (2,000 X 12). The multiplier applicable at the age of deceased according to the said Schedule is 16. So, by applying that multiplier the amount is calculated as Rs.3,84,000/- (24,000 X 16). According to the Schedule, claimants are held entitled to claim another sum of Rs.9,500/- on account of funeral expenses, loss of FAO No. 4833 of 2009 -3- consortium and loss of estate. So, in this manner, the claimants are held entitled to claim Rs.3,93,500/- Out of that amount Rs.50,000/- is stated to have been paid to the claimants. So, by deducting the said amount of Rs.50,000/- the net amount payable to the claimants is Rs.3,43,000/-. The said amount shall carry interest @ 7% per annum from the date of claim petition till payment. The liability to pay the said amount shall be the same as held by the Tribunal. The appeal stands disposed of. ( K.C. Puri ) 8.4.2010 Judge chugh