F.A.O NO. 1418 OF 2000 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O NO. 1418 OF 2000 DECIDED ON : 15.02.2010 Smt. Savitri Devi and others ...Appellants versus Binder Singh and others ...Respondents CORAM : HON'BLE MR. JUSTICE K. C. PURI Present : Mr. Sumeet Goel, Advocate, for the appellants. Mr. Pardeep Goyal, Advocate, for respondent No.3-Insurance Company. K. C. PURI, J. (ORAL) This is an appeal for enhancement preferred by Savitri Devi-widow, Shiv Darshan, Kushal Chand-minor sons and Suman, Sonia, Sapna-minor daughters and Bachni Devi-mother of deceased, claiming compensation on account of death of Gurdial Singh in a motor vehicular accident. Since this is an appeal for enhancement, as such, the other facts need not to be narrated. The deceased was helper in Leather Sales Depot, Ambala and was drawing salary of Rs.4459/- . The Tribunal has taken income as Rs.4400/- and the monthly dependency has been taken as Rs.3000/- per month and yearly dependency has F.A.O NO. 1418 OF 2000 -2- been taken as Rs.36,000/-. The multiplier applied at the age of deceased, which according to the Tribunal was between 40-45, was taken as 15. In this manner, an amount of Rs.5,40,000/- has been ordered to be paid to the claimants. Another sum of Rs.7000/- has been allowed on account of funeral expenses and loss of consortium. I have heard both the sides and have gone through the records of the case. In this case the claimants are 7 in number i.e widow, 5 minor children and mother. So according to “Smt. Sarla Verma & ors. vs. Delhi Transport Corporation & anr.” 2009 (3) RCR (Civil) 77 (S.C.). The Hon'ble Apex Court held that where number of dependents exceeds than 6, the deduction should be 1/5th in respect of personal expenses by the deceased. So in this manner, the monthly dependency by deducting 1/5th amount, comes to Rs.3520/- and yearly dependency comes to Rs.42,240/-. The multiplier applicable according to Sarla Verma's case (supra) in the age group of 40-45 is 14. So in this manner, the amount calculated is Rs.5,91,360/-. The Tribunal has allowed Rs.7000/- in respect of funeral expenses and loss of consortium. Taking into account the loss of estate, the total amount in this manner is calculated as Rs.6 lacs. So in this manner, the claimants are held entitled to Rs.53,000/- more in addition to the amount awarded by the Tribunal. The enhanced amount shall be paid along with interest @ 7% per annum from F.A.O NO. 1418 OF 2000 -3- the date of filing of the appeal till its realization. The liability shall be same as ordered by the Tribunal. The whole of amount shall be paid to the widow alone as she has to spent her whole life on this earning. Disposed of. FEBRUARY 15, 2010 (K. C. PURI) shalini JUDGE