FAO No.181 of 1996(O&M) [1] IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH ... FAO No.181 of 1996(O&M) Decided on : May 06, 2010 Smt.Dalbir Kaur and others ... Appellants VERSUS S.Ujjagar Singh and others ... Respondents CORAM : HON'BLE MR.JUSTICE A.N.JINDAL Present: Mr.Sushant Battas, Advocate for Mr.R.K.Battas, Advocate for the appellants. Mr.Jatinder Kumar, Advocate for Mr.Pardeep Bedi, Advocate for the Insurance Company. A.N.JINDAL, J.- This appeal for enhamcement of compesnation has been prefeerred by Dalbir Kaur and others, the alleged dependants of Bawa Singh, challenging the award dated 5.5.1995 passed by Motor Accident Claims Tribunal, Patiala (herein referred as `the Tribunal'), whereby, compensation to the tune of Rs.2,00,000/- lacs was awarded to the claimants, in the following proportion:- Charandeep Kaur – daughter = Rs.50,000/- Harsimran and Baljinder Singh – sons = Rs.60,000/-, each Sampuran Singh – father = Rs.10,000/- Surjit Kaur – mother = Rs.20,000/- Appellant – claimant Dalbir Kaur was not awarded any share in the compensation, obviously for the reason that she had received the FAO No.181 of 1996(O&M) [2] following amount on account of the death of Bawa Singh:- (i)GIS = Rs.34,000/- (ii)DRF = Rs.35,000/- (iii)GPF = Rs.18,135/- (iv)on account of personal accident policy = Rs.50,000/- Brief facts are that on 27.6.1993, Surjit Kaur wife of Tarlochan Singh had boarded a PRTC bus bearing Reg.No.PJG-7428 driven by Bawa Singh from Banur, going to Patiala. At about 11.00 AM, when it had just crossed village Kauli, a Haryana Roadways bus followed by a Truck bearing Reg.No.PJV-8071 was seen coming. Kulwant Singh, while driving the said truck rashly and negligently over-took the Haryana Roadways bus and struck against the PRTC bus, resulting into the death of Surjit Kaur and Bawa Singh. As such heirs of Surjit Kaur and Bawa Singh filed two separate claim petitions, which were contested and ultimately both the claim petitions were partly accepted. However, feeling dissatisfied, Dalbir Kaur and others (i.e. heirs of Bawa Singh) have preferred this appeal. Arguments heard. Record perused. It is established from the evidence that Bawa Singh was working as a driver in Pepsu Road Transport Corporation and was aged about 37 years. Lachhman Dass (AW4), an official of the Punjab Roadways Transport Corporation, Chandigarh has deposed from the record that gross salary of Bawa Singh was Rs. 3051.80 paise. The Tribunal assessed the dependency of the claimants at Rs.2000/- per month. While taking into consideration the factors with regard to the payment of certain FAO No.181 of 1996(O&M) [3] compensation to Dalbir Kaur and also that Dalbir Kaur was also entitled to service on compassionate grounds, the Tribunal awarded the compensation, as referred to above. I find merit in the argument of the counsel for the appellants that the Tribunal, while assessing the compensation, neither applied proper multiplier, nor considered the compensation on account of loss of love and affection as also the consortium. The other argument advanced by the counsel that the income of Bawa Singh has not been assessed properly by the Tribunal as with the increase in the age/service, the salary was bound to increase and that the future prospects have not been considered, is rejected. This argument might be convincing to some extent, yet this is not a case where future prospects could be considered as Dalbir Kaur was to be given family pension as also the job in lieu of Bawa Singh on compassionate grounds. Thus, while accepting the salary, so also the age of the deceased as 37 years, and applying the multiplier of `15', in view of the latest verdict given by the Apex Court in case Smt.Sarla Verma and others vs. Delhi Transport Corporation and another, 2009(3) RCR (Civil) 77, and also considering the amount on account of loss of love and affection, funeral expenses and loss of consortium, the total compensation needs to be re-assessed as under:- Dependency towards claimants = 2000 x 12 x 15 = Rs.360000/- Loss of love and affection = Rs.6000/- Funeral expenses = Rs.6000/- Loss of consortium = Rs.5000/- Total = Rs.3,77,000/- FAO No.181 of 1996(O&M) [4] Hence, the appeal is partly allowed and the compensation is enhanced by Rs.1,77,000/- over and above the award amount, along with the interest at the same rate as awarded by the Tribunal, which would be payable to claimant Dalbir Kaur and her children in equal shares. May 06, 2010 ( A.N.JINDAL ) `gian' JUDGE