FAO No.3651 of 2001 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. FAO No. 3651 of 2001 Date of decision: January 07, 2009 Dhanpati Devi and others ...Appellants Versus Haryana State and others ...Respondents CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Sandeep Kotla, Advocate, for the appellants. Mr. Kulvir Narwal, Addl. A.G. Haryana. Rajan Gupta, J. This appeal emanates from an award dated 22nd August, 2000 of the Motor Accident Claims Tribunal, Hisar whereby total compensation of Rs.4,36,790/- was awarded to the appellants on account of death of one Suraj Bhan in an accident between a Gypsy and a bus belonging to Haryana Roadways. The claimants, who are in appeal, are widow and three children of deceased Suraj Bhan. The Tribunal arrived at a conclusion that the accident occurred due to rash and negligent driving by driver of the bus No. HR- 22-6013, resulting in death of Suraj Bhan and one Uma Devi. On the basis of evidence the Tribunal assessed the income of the deceased at the time of his death as Rs.49,244/- per annum and after deducting 1/3rd as his own expenses, the dependency was worked out as Rs.32,830/-. On this basis, applying a multiplier of 13 and by including a sum of Rs.10,000/- towards expectancy of life, total compensation was assessed FAO No.3651 of 2001 2 as Rs.4,36,790/-. The counsel for the appellant has assailed the award on the ground that multiplier of 13 had been wrongly applied as the deceased was 45 years of age at the time of his death. According to the counsel, at least a multiplier of 15 should have been applied and some amount should have been awarded towards funeral expenses as also loss of consortium. I find force in the submissions of the counsel. Applying the multiplier of 15, the compensation payable, would come to Rs.4,92,450/-. This apart, amount of Rs.10,000/- awarded by the Tribunal towards life expectancy is maintained as such. Another sum of Rs.9500/- is awarded towards funeral expenses and loss of consortium etc. Thus, a total sum of Rs.75,160/- over and above that awarded by the Tribunal, is allowed as enhanced compensation. The appellant would also be entitled to interest @ 6% per annum on the enhanced amount from the date of filing of the the claim petition till realization. The appeal is allowed in the aforesaid terms. (RAJAN GUPTA) JUDGE January 07, 2009 'rajpal'