IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.No.1206 of 2009 (O&M) Date of Decision 20.10.2009 Naresh Kumari and others ...... Appellants VERSUS Naresh Kumar and others ...... Respondents CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr.Vivek Goel, Advocate, for the appellants. Mr.Ravinder Arora, Advocate, for the respondent-Insurance Company. ***** A.N.JINDAL, J: The award dated 30.10.2008, passed by Motor Accident Claims Tribunal, Jind (herein referred as 'the Tribunal), awarding compensation to the tune of Rs.9,93,248/- alongwith interest @ 7.5% per annum in favour of the appellants-claimants (herein referred as 'the claimants') and against the respondents jointly and severally on account of the death of Hari Om Sharma, aged about 35 years in a motor vehicular accident is sought to be enhanced by way of this appeal. No challenge to the negligence or their liability to pay the compensation has been made by the respondents but at the same time, the claimants have sought enhancement of the same on the ground of inadequacy due to wrong calculations. Having scrutinized the award, the Tribunal observed that the deceased, being the constable in Delhi Police Department, was earning Rs.12,103 /- per month. After deducting 1/3rd which the deceased must be F.A.O.No.1206 of 2009 (O&M) -2- spending upon himself, the net dependency towards the claimants comes to Rs.8,000/- per month and Rs.96,000/- per annum. The Tribunal applied the multiplier of 16 and made the wrong calculations while taking the annual income of the deceased as Rs.60828/- whereas it should have taken as Rs.96,000/- per annum. Thus, while applying the multiplier of 16, the compensation payable to the claimants on the aforesaid terms comes to Rs.15,36,000/-. In addition to it, Rs.15,000/- towards funeral expenses and loss of estate whereas Rs.5,000/- on account of consortium have already been awarded to the claimants. Resultantly, this appeal is partly accepted and the impugned award is modified by enhancing compensation to the tune of Rs.5,62,752/- over and above the award amount. However, the claimants would also be entitled to receive interest on the enhanced amount at the same rate as awarded by the Tribunal. The remaining terms of the award shall remain intact. No order as to costs. (A.N.Jindal) Judge 20.10.2009 mamta-II