FAO No.5627 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.5627 of 2010 Date of decision:12.8.2011 Paramjit Kaur and others ...Appellants Versus Harpal Singh and others ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Ashwani Arora, Advocate, for the appellants. Mr.N.C.Kinra, Advocate, for respondent Nos. 1 and 2. Mr.Karminder Singh, Advocate, for the Insurance Company. -.- Jitendra Chauhan, J. The sole argument raised by the learned counsel for the appellant is that the learned Tribunal, while assessing the dependency and applying multiplier, ignored the norms laid down by Hon'ble the Supreme Court in Smt. Sarla Verma and others Vs. Delhi Transport Corporation and another, 2009(3) RCR (Civil) 77. I have heard the learned counsel for the parties. A perusal of the case file would reveal that the deceased died in a road accident at the age of 36-38 years. The annual income of the deceased was assessed at Rs.36000/- per year. The deceased left behind him four dependents including two minors. The learned trial Court held the dependency at Rs.24,000/- per year after deducting 1/3rd amount towards FAO No.5627 of 2010 2 his personal expenses and living expenses and applied a multiplier of 12 and thus the compensation comes to `2,88,000/- (24,000 x 12). Besides this ` 9500/- was awarded towards loss of consortium and funeral expenses. According to norms laid down by Smt. Sarla Verma and others Vs. Delhi Transport Corporation and another, 2009(3) RCR (Civil) 77, 1/4th amount should be deducted towards personal expenses of the deceased and a multiplier of 15 ought to have been applied. Considering the above factual position, it would be appropriate to deduct the 1/4th amount towards personal expenses of the deceased and to apply the multiplier of 15. Accordingly, the annual income of the deceased after deducting 1/4 amount comes to `27,000/-. Applying the enhanced multiplier of 15, the amount works out to `4,05, 000/. In addition to that a sum of `9,500/- was awarded towards loss of consortium and funeral expenses. Thus, a total compensation comes to `4,14,500/-. It is stated that a sum of rupees three lakhs has been deposited pursuant to the award dated 7.8.2009. The remaining amount i.e. `1,14,500/(`4,14,500- `3,00,000) shall be paid within 45 days, in default, the claimants shall be entitled to interest @7.5 per cent from the date of filing the claim petition. In view of the above, the present appeal is partly allowed and the impugned award is modified to the extent indicated above. 12.8.2011 (JITENDRA CHAUHAN) mk JUDGE Note: Whether to be referred to the Reporter? Yes / No