FAO No. 4735 of 2009 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH FAO No. 4735 of 2009 (O&M) Date of decision : 17.5.2010 ... Manpreet Kaur and others ................Appellants vs. Modi Solvex and others .................Respondents Coram: Hon'ble Mr. Justice K.C. Puri Present: Sh. Naresh Gopal Sharma, Advocate for the appellants Sh. Ravinder Arora, Advocate for the Insurance company. ... K.C. Puri, J. (Oral) There is a delay of 100 days in filing the present appeal. The same stands condoned on the grounds mentioned in the application. This is an appeal directed by widow and two minor children of Sarbjit Singh-deceased. The claimants filed claim petition under Section 163-A of the Motor Vehicles Act, 1988 (hereinafter to be referred to as 'the Act'), claiming compensation on account of death of Sarbjit Singh in a motor vehicular accident. Since only quantum of compensation is in dispute, so, the FAO No. 4735 of 2009 -2- other facts need not be narrated. The Tribunal after appraising the evidence, determined the age of the deceased as 36 years. The income of the deceased was taken as Rs.3,220/- per month. The dependency was taken as Rs.2,070/- per month and the yearly dependency was taken as Rs. 24,840/- per annum (2070 X 12). The multiplier of 13 was applied and in this manner the amount was calculated as Rs.3,21,920/- and by rounding off, the amount was calculated as Rs.3,22,000/-. Another sum of Rs.2,000/- has been granted on account of last rites. In this manner, the claimants were held entitled to claim Rs.3,24,000/-. Feeling dissatisfied with the above said award, the present appeal has been filed for enhancement of compensation. The claim petition has been filed under Section 163-A of the Act and as such the amount of compensation has to be assessed strictly in accordance with 2nd Schedule of Section 163 A of the Act. According to said Schedule, if the age of the deceased is between 35 to 40 years and the income is 40,000/- per year, the amount of compensation payable is Rs.6 lacs. Out of that amount, 1/3rd amount has to be deducted on account of personal expenses of the deceased. So, the claimants are held entitled to claim Rs.4 lacs on account of death of Sarabjit Singh in a motor vehicular accident. The claimants have been allowed Rs.2,000/- on account of last rites. Another sum of Rs.5,000/- stands allowed on account of loss of consortium and Rs.2,500/- stands allowed on account of loss of estate as per Schedule. So, the claimants are held entitled to claim Rs.4,09,500/-. The amount of compensation stands enhanced by Rs.85,000/-. The FAO No. 4735 of 2009 -3- said enhanced amount shall carry an interest @ 7% per annum from the date of filing of appeal till payment. Out of the said amount, Rs.55,500/- shall be paid to the widow and the remaining amount shall be paid to the minors in equal share. The share of the minor -claimants shall be deposited in the shape of FDR in a nationalised bank in such a manner, that they shall earn maximum rate of interest and the amount shall be paid to the minors on attaining the age of majority. The liability to pay the enhanced amount shall be the same as held by the Tribunal. The appeal stands disposed of. ( K.C. Puri ) 17.5.2010 Judge chugh