FAO No.3743 of 1999 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.3743 of 1999 Date of decision: 8.12.2011 Smt.Mukhtiari Devi and others ....Appellants Versus Naresh Kumar and others ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Akashdeep Singh, Advocate for the appellants Mr.RK Bashamboo, Advocate for respondent No.3-Insurance Company ***** Jitendra Chauhan, J.(Oral) The present appeal has been filed by the claimant-appellants, seeking enhancement of the compensation amount awarded by the learned Motor Accident Claims Tribunal, Jhajjar (to be referred as 'the Tribunal') vide impugned award dated 29.7.1999, on account of death of Ishwar Singh, in a motor vehicular accident on 9.9.1998. Learned counsel for the appellants refers to Ex.PA, Salary Certificate and contends that the deceased was a Government School teacher and had been drawing salary of `9709/- p.m. The learned Tribunal without considering his future prospectus, assessed the income at `9709/- p.m. He further contends that the deceased was 48 years of age at the time of his death. In view of the law laid down by the Hon'ble Supreme Court in FAO No.3743 of 1999 2 Smt. Sarla Verma and others Vs. Delhi Transport Corporation and another, 2009(3) RCR (Civil) 77 , the multiplier of 13 in stead of 9 ought to have been applied. He further contends that there being six dependents, as per Smt.Sarla Verma's case (supra), the dependency ought to have been taken at 3/4th. He further contends that no amount has been awarded towards the heads i.e. loss of estate, funeral expenses, transportation, love and affection etc. On the other hand, the learned counsel for the respondent- Insurance Company contends that the compensation awarded by the learned Tribunal is already on the higher side and therefore, there is no scope for any further enhancement. I have heard learned counsel for the parties and perused the record carefully. From the perusal of the record, it emerges that the deceased was a Mathematics Master in the Government High School, Chhochi and as per certificate Ex.PA, he had been drawing salary of `9709. Had he been alive, he would have got promotion and other benefits of his job. The learned Tribunal did not consider his future prospectus. Therefore, the amount to the extent of 30% future prospectus deserves to be granted to the appellants. Ordered accordingly. The learned Tribunal has made deduction to the extent of 1/3rd towards personal expenses of the deceased. In view of the law laid down by the Hon'ble Supreme Court in Smt.Sarla Verma's case (supra), cut of 1/4th should have been taken, as there are six dependents and multiplier of 13 instead of 9 should also have been applied keeping in view the age of the deceased, who was 48 years of age at the time of his death. Ordered FAO No.3743 of 1999 3 accordingly. The deceased left behind his wife and five children. The untimely death of the deceased was a great shock to the family. He was the only bread earner in the family. The learned Tribunal has not awarded any amount towards loss of love and affection, funeral expenses and consortium. Keeping in view the facts and circumstances of the case, grant of an amount of `20,000/- in lump sum under all the heads would meet the ends of justice. Ordered accordingly. Accordingly, the total compensation comes to ` 14,96,739/- (9709 (income per month) + 30% x 3/4 (dependency) x 12 x 13 ( multiplier) + 20,000 ( under conventional heads). The balance enhanced amount comes to `8,05,539/- (14,96,739 – 6,91,200 (already awarded by the learned Tribunal). After making necessary income tax deduction from the compensation amount, as per rules, the remaining amount 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. 8.12.2011 (JITENDRA CHAUHAN) gsv JUDGE