FAO No. 4738 of 2009 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH FAO No. 4738 of 2009 (O&M) Date of decision : 29.3.2010 ... Tarsem Chand and another ................Appellants vs. Sharfudin and others .................Respondents Coram: Hon'ble Mr. Justice K.C. Puri Present: Sh. Arvind Mittal, Advocate for the appellants ... K.C. Puri, J. (Oral) This is an appeal directed by parents claiming compensation on account of death of Arun Kumar in a motor vehicular accident. The Tribunal, after adjudication accepted the claim petition and an amount of Rs.3,65,000/- was awarded as compensation. The income of the deceased was taken as Rs.30,000/- per year. By applying the cut of 1/3 on account of the maintenance of the deceased, the dependency was calculated as Rs. 20,000/- per annum and multiplier applied by the Tribunal, taking the age of the deceased as 22 years was 17. In this manner, the amount was calculated as Rs. 3,40,000/- (20,000 X 17). Another amount of Rs.2,000/- was granted on account of funeral expenses, Rs.2,500/- was granted on account of FAO No. 4738 of 2009 -2- loss of estate and Rs.15,000/- were granted on account of loss of love and affection. In this manner, the total amount was calculated as Rs.3,64,500/- which was rounded of to Rs.3,65,000/-. Feeling dissatisfied with the above said award, the claimants- parents of the deceased have preferred the present appeal for enhancement. Learned counsel for the appellants has submitted that deceased was working as cleaner and was drawing salary of Rs.5,000/- per month. So, the income of the deceased has been taken on the lower side. It is further submitted that multiplier is also on lower side in view of age of the deceased. I have considered the submissions made by counsel for the appellants , but find myself unable to scribe to those submissions. Even if, the whole argument is taken as correct, even then no case for enhancement is made out. If the income of the deceased is taken as Rs.5,000/- per month, in that case, the dependency, as per authority reported as Smt. Sarla Verma and others vs. Delhi Transport Corporation and another 2009(3) RCR (Civil) 77, comes to Rs.2,500/- per month and yearly dependency comes to Rs.30,000/- (2,500 X 12). As per authority reported as Oriental Insurance Company Limited vs. Syed Ibrahim and others 2007 ACJ 2816, where parents are claimants the relevant factor for selecting multiplier would be age of the parents. The age of the parents has been mentioned as 52 years and 46 years. So, even if the multiplier of 11 is applied, the amount is calculated as Rs.3,30,000/-, which is lower than the amount awarded by the Tribunal. FAO No. 4738 of 2009 -3- So, no ground for enhancement is made out. Consequently, the appeal stands dismissed. ( K.C. Puri ) 29.3.2010 Judge chugh