FAO No. 3618 of 2009 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH FAO No. 3618 of 2009 (O&M) Date of decision : 30.3.2010 ... Hari Parkash and another ................Appellants vs. Phool Kumar and others .................Respondents Coram: Hon'ble Mr. Justice K.C. Puri Present: Sh. Ram Pal Verma, Advocate for the appellants Sh. Ashwani Talwar, Advocate for the Insurance company. ... K.C. Puri, J. (Oral) This is an appeal directed by parents of Anil Bhardwaj, claiming compensation on account of death of Anil Bhardwaj, in a motor vehicular accident. Briefly stated, Hari Parkash-father, Shakuntala-mother, Rashmi-widow and Aditi-minor daughter of Anil Bhardwaj, filed claim petition claiming Rs.25 lacs as compensation on account of death of Anil Bhardwaj in a motor vehicular accident. The Tribunal accepted the claim petition after adjudication and awarded an amount of Rs.4,75,000/- to all the four claimants. The income of the FAO No. 3618 of 2009 -2- deceased was taken as Rs.3,900/- per month. 1/3rd amount was deducted on account of personal expenses of the deceased and the dependency was taken as Rs.2,600/- per month and the yearly dependency was taken as Rs.31,200/- (2600 X 12) and multiplier applied by the Tribunal was 15. In this manner, the amount was calculated as Rs.4,68,000/- (31,200 X 15). An amount of Rs. 7,000/- more was granted on account of last rites of the deceased. In this manner the total amount was calculated as Rs.4,75,000/-. Learned counsel for the appellants has submitted that deceased was earning Rs.8,000/- per month and the claimants have produced the Advocate with whom the deceased was working. So, it is contended that income of the deceased should have been assessed as Rs.8,000/- per month. The Tribunal has assessed the income on lower side. Learned counsel for the Insurance company has supported the judgment of the Tribunal and has submitted that income has been rightly assessed. I have carefully considered the submissions made by both the sides and have also gone through the record of the case. Learned Tribunal has observed that Clerk of an Advocate earns Rs.3,900/- per month. So, the income of deceased has also been taken as Rs.3,900/- per month. I am of the view that Clerk of an Advocate cannot be equated with an Advocate as income of an Advocate must be on higher side than Clerk. So, the income of the deceased is taken as Rs.4,500/- per month. In this case the claimants are 4 in number i.e. parents, as well FAO No. 3618 of 2009 -3- as widow and daughter. So, keeping in view the authority reported as Smt. Sarla Verma and others vs. Delhi Transport Corporation and another 2009(3) RCR (Civil) 77, the cut of 1/4th in respect of personal expenses of the deceased would be sufficient. So, the dependency of all the four claimants is calculated as Rs.3,375/- per month and the yearly dependency is calculated as Rs.40,500/- per annum (3375 X 12). The multiplier according to Smt. Sarla Verma's case (Supra), for the persons in the age group of 26 to 30 is 17. So, by applying the multiplier of 17, the amount is calculated as Rs.6,88,500/- (40,500 X 17). The Tribunal has already awarded an amount of Rs.7,000/- on account of last rites of the deceased. So, the total amount comes to Rs.6,95,500/-. Another sum of Rs.4,500/- stands allowed on account of transportation of dead body. So, in this manner, the total amount comes to Rs.7,00,000/-. So, the amount of compensation stands enhanced by Rs.2,25,000/- more in addition to the amount awarded by the Tribunal. Out of this enhanced amount, Rs.1,25,000/- is ordered to be paid to the widow and Rs.1,00,000/- is order to be paid to the present appellants. The enhanced amount of compensation shall also carry interest @ 7% per annum from the date of appeal till payment. The liability to pay the enhanced amount shall be the same as held by the Tribunal. The appeal stands disposed of. ( K.C. Puri ) 30.3.2010 Judge chugh