F.A.O.No.3064 of 2008 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.No.3064 of 2008 (O&M) Date of Decision 28.08.2009 Paramjeet and others ......Appellants VERSUS Shri Surjeet Singh and others ......Respondents CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr.Sanjay Jain, Advocate, for the appellants. Mr.Narinder Singh, Advocate, for respondent No.3-Insurance Company. ***** A.N.JINDAL, J(ORAL): C.M.No.17478-CII of 2008 For the reasons, mentioned in the application, delay in filing the appeal is condoned. F.A.O.No.3064 of 2008 This appeal for enhancement is directed against the award dated 15.12.2007 passed by Motor Accident Claims Tribunal, Ambala, awarding compensation to the tune of Rs.2,94,000/- alongwith interest @ 7.5% per annum in favour of the claimants-appellants (herein referred as 'the claimants') on account of the death of Ramesh Kumar aged about 25 years, in a motor vehicle accident and against the respondents jointly and severally. The Insurance Company has neither challenged the negligence nor its liability whereas the claimants have preferred this appeal for enhancement on the grounds that neither the income of the deceased was properly assessed nor the proper multiplier was applied. Having scrutinized the impugned award, the Tribunal fell in error in assessing the income of the deceased @ Rs.2400/- per month because even a daily wage labourer, now-a-days, earns not less than F.A.O.No.3064 of 2008 (O&M) 2 Rs.100/- per day, thus, the income of the deceased could not be less than Rs.3,000/- per month. The Tribunal also fell in error while calculating the dependency as 1/3rd instead of 1/4th. In view of the fact that, there were four dependents on the deceased Ramesh Kumar, the Tribunal should have deducted 1/4th on account of his own dependency. I find support to my this view from the judgment delivered in case Smt.Sarla Verma and others appellants vs. Delhi Transport Corporation and another respondents 2009 (3) RCR (Civil) 77 where it was observed that in case the dependents exceed 3 then the deceased's own dependency should be 1/4th. Similarly, the Tribunal also fell in error while applying the multiplier of 16 whereas in Sarla Verma's Case (supra) it was observed that in case a person dies at the age of 25, the multiplier of 18 should be applied. Thus, it appears that the Tribunal has ignored the aforesaid settled parameters while assessing the compensation. As such, while calculating the compensation on the basis of the parameters as laid down in case Sarla Verma's Case (supra), the appellants are entitled to compensation at the following rates:- Monthly income Rs.3000/- 1/4th Deduction Rs.750/- Net dependency Rs.2250/- per month Annual dependency Rs.27,000/- multiplier Rs.27,000 x 18 = 4,0 6,000 In addition to it, the claimants are also entitled to a sum of Rs.20,000/- on account of funeral expenses, last rites and transportation expenses. Resultantly, this appeal is partly accepted and the impugned award is modified by enhancing compensation of Rs.1,22,000/- over and above the award amount. However, the appellants will also be entitled to receive the interest on the enhanced amount in the same terms as awarded by the Tribunal. The remaining terms of the award passed by the Tribunal shall remain intact. (A.N.Jindal) Judge 28.08.2009 mamta-II