FAO No.4343 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.4343 of 2010 (O&M) ( in MACT No.99 of 2008) Date of decision: 1.12.2011 Smt.Geeta Rani and others ...Appellants Versus Ajmer and others ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Vivek Suri, Advocate for the appellants. Mr.Ajay Gulati, DAG, Haryana for respondent Nos. 2 and 3. Mr.RM Suri, Advocate for respondent No.4-Insurance Company **** Jitendra Chauhan, J. (Oral) CM No.18383 CII of 2010 Despite notice, reply has not been filed by the respondents. Keeping in view the averments made in the application, delay of 282 days in filing the present appeal is hereby condoned. Application stands disposed of. FAO No.4343 of 2010 The present appeal has been filed by the claimants-appellants, seeking enhancement of the compensation amount awarded by the learned Motor Accident Claims Tribunal, Rohtak (for short 'the Tribunal'), vide award dated 4.5.2009, on account of the death of Bal Krishan, in a motor vehicle accident on 26.8.2008. FAO No.4343 of 2010 (O&M) 2 Learned counsel for the appellant has contended that the deceased left behind wife, two minor children and mother. There being four dependents, the learned Tribunal assessed the dependency of 2/3th, whereas in view the parameter laid down by the Hon'ble Supreme Court in Smt. Sarla Verma and others Vs. Delhi Transport Corporation and another, 2009(3) RCR (Civil) 77 , the same should have been 3/4th. He has further contended that no amount has been awarded towards conventional heads. On the other hand, the learned counsel for the respondents have contended that the learned Tribunal awarded just and reasonable compensation and therefore, there is no scope of any enhancement. I have heard learned counsel for the parties and perused the record. From the perusal of the record, it is admitted that deceased was married at the time of his death. He left behind four dependents i.e. widow, two minor children and mother. Therefore, in view of the decision in Smt.Sarla Verma's case (supra), the cut of 1/4th towards personal expenses of the deceased should have been made. Ordered accordingly. The income of the deceased, being an agriculturist, was assessed at `1,44,000/- per annum. After making cut of 1/4th towards personal expenses of the deceased, the dependency of the appellants works out to `1,08,000/-. The appellants had given their land on Batai against payment of `42,000/- per annum. Therefore, deducting the said amount from the dependency, it comes to `66,000/-. Furthermore, the untimely death of the deceased was a great shock to the family. He was the only bread earner in the family. From the FAO No.4343 of 2010 (O&M) 3 record, it reveals that no amount has been awarded towards the conventional heads. Therefore, keeping in view the facts of the case, this Court feels that grant of `20,000/- under all the conventional heads would meet the ends of justice. Ordered accordingly. No other point has been urged by the learned counsel for the parties. Accordingly, the total compensation comes to `11,42,000/- (66,000 (annual income) x 17 (multiplier)+ 20,000( conventional heads). The balance amount i.e. `2,04,000/- (11,42,000- 9,18,000 (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. 1.12.2011 (JITENDRA CHAUHAN) gsv JUDGE