FAO No.623 of 2011(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.623 of 2011(O&M) Date of decision: 17.11.2011 Rakesh Rani and others ...Appellants Versus Shamsher Singh and others ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.SK Sandhir, Advocate for the appellants. None for respondent Nos. 1 and 2. Ms.Rajwinder Kaur, Advocate for respondent No.3-Insurance Company **** Jitendra Chauhan, J. (Oral) CM Nos.1850-51 CII of 2011 Despite notice, no reply has been filed so far. Keeping in view the averments made in the applications, delay of 180 days in refiling and 224 days in filing the appeal is hereby condoned. Applications stand disposed of. FAO No. 623 of 2011 The present appeal has been filed by the claimants-appellants, seeking enhancement of the compensation amount awarded by the learned Motor Accident Claims Tribunal, Ludhiana (for short 'the Tribunal'), vide award dated 2.1.2009, on account of untimely death of Nathu Ram, husband of appellant No.1 in a motor vehicular accident. Learned counsel has referred to Smt. Sarla Verma and others FAO No.623 of 2011(O&M) 2 Vs. Delhi Transport Corporation and another, 2009(3) RCR (Civil) 77, and states that deceased was 45 years of age at the time of his death. Therefore, the multiplier of 14 ought to have been applied instead of 10. He further contends that the learned Tribunal awarded a meager amount of `.15,000/- only towards the conventional heads i.e. Special diet, Transportation and expenses of last rite. On the other hand, the learned counsel for the respondent- Insurance Company contends that the learned Tribunal has awarded just and adequate compensation and therefore, there is no scope of any enhancement. I have heard learned counsel for the parties and perused the record carefully. It is admitted on record that as per his death certificate, age of the deceased was 45 years. Therefore, keeping in view the age of the deceased, as per Smt.Sarla Verma's case, the multiplier of 14 ought to have been applied. Ordered accordingly. It is proved on record that the deceased remained admitted in hospital from 15.12.2006, till the date of his death i.e. 31.1.2007. It was a great shock to the family of the deceased. Therefore, keeping in view the facts and circumstances of the case, a total sum of `.20,000/- ( `.15000/- already awarded plus `.5000/- more ) is granted under the conventional heads, which would meet the ends of justice. It is further averred that hospitalisation and medicine expenses i.e. ` 5,15,000/- have already been paid to the appellants. No other point has been raised by the learned counsel for the parties. Accordingly, the total compensation comes to `5,24,000/- FAO No.623 of 2011(O&M) 3 (4500 x 2/3 x 12 x 14 + 20,000). The balance enhanced amount i.e. `1,49,000/- (5,24,000- 3,75,000, 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. 17.11.2011 (JITENDRA CHAUHAN) gsv JUDGE