FAO No. 1126 of 1988 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 1126 of 1988 Decided on :05-12-2008 Sunder Sham and others ....Appellants VERSUS State of Haryana and others ....Respondents CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- None for the appellants. Mr.O.P.Sharma, Addl. Advocate General, Haryana MAHESH GROVER, J This appeal is directed against the award of the Motor Accident Claims Tribunal, Rohtak dated 3.10.1988. Santosh Kumari, aged 33 years died in a vehicular accident which took place on 29.1.1987. The claim petition was preferred by her husband, minor son and two minor daughters. Tribunal assessed her income as Rs.1107/- per month and dependency was assessed at Rs.6000/- per annum. A multiplier of 12 was applied to arrive at compensation of Rs. 72,000/- alongwith interest at the rate of 12% per annum from the date of filing of the petition till the date of its actual realisation. Dis-satisfied with the award, the present appeal has been preferred by the claimants-appellants. From a perusal of the record it transpires that the deceased was FAO No. 1126 of 1988 2 working as O.T. Prabhakar Teacher and was drawing a salary of Rs.1107/- per month. It is settled principle of law that where an incumbent is employed on regular basis then in such cases future prospects have to be taken into consideration while assessing the income. The principle to assess the future prospects is to double the income and then add to the salary which is being received by the incumbent and then to take average of the figure. In this manner, income of the deceased comes to Rs. 1660/- per month (2214+1107= 3321/2 = 1660). A cut of 1/4th would be just and appropriate on account of personal expenses and therefore, the dependency comes to Rs. 1245/- per month i.e. 14940/- per annum (1245 x 12). A multiplier of 17 would be just and appropriate in the given set of circumstances and which is in accordance with the Schedule to the Motor Vehicles Act which is the guiding factor. In this manner, compensation comes to Rs. 2,53,980/- (14940 x 17). An amount of Rs.20,000/- is awarded on account of funeral expenses and loss of consortium. Therefore, the total compensation comes to Rs. 2,73,980/-. The enhanced amount of compensation shall be paid alongwith interest at the rate of 9 % per annum from the date of filing of petition till the date of its realisation. The liability to pay the amount shall be the same as has been determined by the Tribunal. The appeal stands allowed in the aforesaid terms and the award of the Tribunal is modified accordingly. December 5 , 2008 (Mahesh Grover) rekha Judge