IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.No.610 of 2009 (O&M) Date of Decision 04.08.2009 Smt.Jaggo Devi and others ......Appellants VERSUS Surinder Singh and others ......Respondents CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr.Arvinder Arora, Advocate, for the appellants. Mr.Sandeep Suri, Advocate, for respondent No.2. Mr.M.B.Jain, Advocate, for respondent No.3-Insurance Company. ***** A.N.JINDAL, J(ORAL): This appeal for enhancement is directed against the order dated 03.09.2008, passed by Motor Accident Claims Tribunal, Ambala, awarding compensation to the tune of Rs.3,13,100/- in favour of the appellants- claimants (herein referred as 'the appellants') and against the respondents jointly and severally on account of the death of Phool Chand aged about 38 years in a motor vehicle accident. Admittedly, the deceased died as a result of motor vehicle accident. Neither the negligence nor the liability has been challenged. It has been urged that the Tribunal fell in error in applying a multiplier of 11 whereas multiplier of 15 was the appropriate multiplier to be applied in this case. He has also urged that no adequate compensation F.A.O.No.610 of 2009 (O&M) -2- was awarded for loss of estate, consortium and funeral expenses. The deceased left behind his mother, widow and two sons, but the Tribunal made usual deduction of 1/3rd whereas keeping in view the number of dependents 1/4th should have been deducted on account of his own dependency. To the contrary, it was urged that adequate multiplier was applied and appropriate compensation has been awarded. Heard. The Tribunal has held the deceased to be 38 years old and his income has been assessed as Rs.3,000/- per month. Non- application of the unit system has certainly caused prejudice to the rights of the claimants. Admittedly, the deceased left behind his mother, widow and two sons. It has been observed in case Smt.Sarla Verma and others appellants vs. Delhi Transport Corporation and another respondents 2009 (3) RCR (Civil) 77 that in case where the dependents of the deceased are 4 to 6 then the deduction should have been made at the rate of 1/4th, as such the award passed by the Tribunal requires to be modified qua the dependency aspect. Similarly, as per the guidelines issued in Sarla Verma's Case (supra), in case a person dies at the age of 38 years then the multiplier of 15 should be applied. Notwithstanding the fact that though the Tribunal has exercised its discretion to award compensation quo the loss to estate of the deceased, consortium and funeral expenses, yet award needs to be modified qua the dependency as well as the multiplier aspect of the case. Consequently, while deducting 1/4th being the self dependency of the deceased out of the income of Rs.3,000/- per month, (already assessed by the Tribunal), the net dependency comes to Rs.2250/- and annual income comes to Rs.27,000/- and while applying a multiplier of 15, it comes to Rs.4,05,000/-. While adding Rs.9500/- (as already awarded) for loss of F.A.O.No.610 of 2009 (O&M) -3- estate, consortium and funeral expenses, the compensation payable to the appellants comes to Rs.4,14,500/-. Resultantly, this appeal is partly accepted and the impugned award is modified by enhancing compensation to the tune of Rs.91,900/- over and above the award amount. However, the appellants will also be entitled to the interest on the enhanced amount at the same terms as awarded by the Tribunal. (A.N.Jindal) Judge 04.08.2009 mamta-II