IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA FAO No. 152 of 2008. Date of Decision: 14.7.2011. FAO No. 152 of 2008 Oriental Insurance Company Ltd. ….Appellant. Versus. Smt. Kanta & Ors. …Respondents. FAO No. 153 of 2008 Oriental Insurance Company Ltd. ….Appellant. Versus. Smt. Veena & Ors. …Respondents. FAO No. 154 of 2008 Oriental Insurance Company Ltd. ….Appellant. Versus. Smt. Naino & Ors. …Respondents. FAO No. 155 of 2008 Oriental Insurance Company Ltd. ….Appellant. Versus. Sh. Rumalu & Anr. …Respondents. Coram: The Hon’ble Mr. Justice Deepak Gupta, Judge. Whether approved for Reporting? For the Appellant: Mr. Ashwani K. Sharma, Advocate in all the cases. For the claimants: Mr. K.B. Khajuria, Advocate in all the cases For the owner: Mr. Ramakant Sharma, Advocate in all the cases. Whether Reporters of local newspaper may be allowed to see the judgment ? Yes. 2 Deepak Gupta, J.(Oral) 1. These appeals by the insurance company are directed against the awards passed by the learned Motor Accident Claims Tribunal, Chamba Division, Chamba. The insurance company had obtained permission under Section 170 of the Motor Vehicles Act, 1988 to contest the claim on all grounds. Since, the appeals arise out of one accident they are being disposed of by one judgment. FAO No. 152 of 2008. 2. In this case the deceased-Bittu was aged about 24 years at the time of accident and left behind his widow, two minor children and father (who had adopted deceased-Bittu). The learned Tribunal assessed the income of the deceased at Rs. 3,000/- per month out of which Rs. 1,000/- has been reduced for his personal expenses and assessed the dependency at Rs. 2,000/- per month or Rs. 24,000/- per year. The learned Tribunal applied the multiplier of 17 and has awarded Rs. 50,000/- for loss of living being of the family. This head is not known to law and the main challenge is to this head. 3. The multiplier used by the learned Tribunal is not in consonance with the law laid down by the Apex Court in Sarla Verma and others Vs. Delhi Transport Corporation and another, (2009) 6 SCC 121, whereby 3 the multiplier of 18 is applicable in this case. The compensation, therefore, works out to Rs. 4,32,000/-. Since, the widow is very young, she is awarded Rs. 18,000/- as loss of consortium. A sum of Rs. 10,000/- can be awarded to the claimants for conventional damages and another sum of Rs. 10,000/- for funeral expenses. Thus, the award comes to Rs. 4,70,000/-. The learned Tribunal has awarded Rs. 4,80,000/- to the claimants. This is within the normal variations and calls for no interference in appeal. The appeal is accordingly rejected. 4. Out of the amount fallen to the share of widow, a sum of Rs. 50,000/- shall be released and the remaining shall be kept in fixed deposit for a period of five years. The amount falling to the share of minors shall be kept in a fix deposit for a period till they attain majority. The interest on the amounts deposited in the share of widow and the minors shall be paid to the widow for her own maintenance and the maintenance of her children, on quarterly basis. FAO No. 153 of 2008. 5. In this case deceased-Dogru was aged about 47 years. He left behind his widow and major children. The learned Tribunal assessed the income of the deceased at Rs. 3,000/- per month and the dependency at Rs. 2,000/- per month or Rs. 24,000/- per year which calls for no interference. 4 6. The multiplier of 13 used by the learned Tribunal is also reasonable. Therefore, the compensation works out to Rs. 3,12,000/-. However, the learned Tribunal has gravely erred in awarding Rs. 50,000/- for loss of living being of the family. The award under this head cannot be sustained. However, in addition to the sum of Rs. 3,12,000/-, the widow is entitled to Rs. 10,000/- as loss of consortium, Rs. 10,000/- for funeral expenses and Rs. 10,000/- for conventional damages, i.e. total sum of Rs. 3,42,000/-. The award is, therefore, reduced from Rs. 3,74,000/- to Rs. 3,42,000/-. This amount is apportioned as follows:- Claimant No.1 : Rs. 2,00,000/- (Smt. Veena) Claimants No. 2 to 5 : Rs. 35,500/- x 5 = 1,42,000/- (Neelak, Nitu, Sanju & Smt. Ratto) Total : Rs. 3,42,000/- 7. Out of the amount falling to the share of claimant No.1- Smt. Veena an amount of Rs. 50,000/- will be paid to her. The remaining shall be kept in fixed deposit for a period of five years. The interest on the amount deposited shall be paid to the widow on quarterly basis. The amount payable to claimants No. 2 to 5-Neelak, Nitu, Sanju and Smt. Ratto is ordered to be released with upto date interest accrued thereupon as per their respective shares. 5 FAO No. 154 of 2008. 8. In this case deceased-Harbans Lal was 19 years old and the claimants are his parents and minor siblings. There is nothing on record to show that the father is unable to earn and was dependent upon the deceased-Harbans Lal. The learned Tribunal assessed the income of the deceased at Rs. 3,000/- per month and has worked out the dependency at Rs. 2,000/- per month. This is not in consonance with the law laid down by the Apex Court in Sarla Verma’s case (supra) wherein it has been clearly held that in the case of parents who are the claimants, the dependency cannot be taken more than 50%, i.e. Rs. 1500/- per month or Rs. 18,000/- per year in this case. 9. The mother was aged about 40 years and applying the multiplier of 15, the compensation works out to Rs. 2,70,000/-. In addition thereto, the claimants are entitled to Rs. 10,000/- as conventional damages and Rs. 10,000/- for funeral expenses. The award is, therefore, reduced from Rs. 4,22,000/- to Rs. 2,90,000/- and is apportioned as under:- (Smt. Naino)Mother : Rs. 2,00,000/- (Sh. Jaidayal)Father : Rs. 90,000/- Total : Rs. 2,90,000/- 10. The amount falling to the shares of Smt. Naino(Mother) and Sh. Jaidayal(Father) is ordered to be released with upto 6 date interest accrued thereupon as per their respective shares. FAO No. 155 of 2008. 11. In this case deceased-Himiya was 18 years old and the claimant is his father. It is claimed that the deceased was working as a labourer and helping his father. There is nothing on record to show that the father was incapable of working himself or was totally dependent upon the deceased. The income of the deceased-Himiya has been assessed at Rs. 3,000/- per month. However, the dependency assessed at Rs. 2,000/- is on the higher side. 12. The claimant is the father of the deceased, therefore, the dependency is assessed at Rs.1500/- per month or Rs. 18,000/- per year. Father was aged about 42 years. Therefore, applying the multiplier of 15, the compensation works out to Rs. 2,70,000/-. In addition thereto the claimant is entitled to Rs. 10,000/- as conventional damages and Rs. 10,000/- for funeral expenses. The award is, therefore, reduced from Rs. 4,56,000/- to Rs. 2,90,000/-. 13. Mr. K.B.Khajuria, learned counsel for the claimant-Rumalu submits that the amount may be released in favour of the claimant. Therefore, the amount awarded to the claimant is ordered to be released with upto date interest accrued thereupon in his favour. 7 14. In view of the above discussion, the appeals are disposed of accordingly. No costs. (Deepak Gupta), Judge 14th July, 2011. (Krn Guleria)