FAO No. 1982 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 1982 of 2011 ( in MACT No.90 of 2009) Date of decision: 4.11.2011 Vaneet Kumar and others ...Appellants Versus Ram Singh and others ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Gaurav Jain, Advocate for the appellants. Mr.CM Munjal, Advocate for respondent Nos. 1 and 2. Mr.DR Bansal, Advocate for respondent No.3. *** Jitendra Chauhan, J. (Oral) The present appeal has been filed by the claimants/ appellants, seeking enhancement of the compensation amount awarded by the learned Motor Accident Claims Tribunal, Bathinda vide award dated 13.10.2010, on account of death of Krishna Devi, mother of the appellants. The sole argument raised by the learned counsel for the appellants is that the learned Tribunal without taking into consideration the law laid down by the Hon'ble Supreme Court in Smt. Sarla Verma and others Vs. Delhi Transport Corporation and another, 2009(3) RCR (Civil) FAO No. 1982 of 2011 2 77 , has applied the multiplier of 9, which is inadequate. On the other hand, learned counsel for the respondent have contended that the learned Tribunal has rightly assessed the compensation amount, and therefore, there is no scope of enhancement. I have heard learned counsel for the parties and perused the record carefully. It is admitted that the death of the Krishna Devi, mother of the appellants occurred in a motor vehicular accident on 4.10.2008. It is also proved on record, from the Postmortem report Ex.C2 that the age of the deceased was 55 years at the time of her death. The same has been corroborated by the statement of CW2 Vaneet Kumar. Therefore, as per Smt. Sarla Verma's case (supra), the multiplier of 9 applied by the learned Tribunal is on the lower side and the same deserves to be enhanced. Ordered accordingly and the multiplier is enhanced from 9 to 11. Further, the learned Tribunal has rightly assessed her income as ` 3000/- per month as a house wife and also there being two dependents, has deducted 1/3rd of the income towards her personal expenses. The amount awarded under the conventional heads is just and adequate and are not disturbed. Resultantly, the total compensation after applying the enhanced multiplier of 11, comes to ` 2,64,000/-(3000 x 2/3 x 12 x 11). The balance amount i.e. ` 48,000/- (2,64,000- 2,16,000, already awarded by the learned Tribunal) shall be paid to Vaneet Kumar and Mohit Garg in the manner indicated in the impugned award within 45 days from the date of receipt of FAO No. 1982 of 2011 3 the certified copy of the judgment, failing which, the same shall carry interest @ 7.5 % per annum from the date of filing of the appeal, till its realisation. In view of above, the present appeal is partly allowed with the modification indicated above. 4.11.2011 (JITENDRA CHAUHAN) gsv JUDGE