FAO No.1320 of 2009(O&M) [ 1 ] IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH ... FAO No.1320 of 2009(O&M) Decided on : September 10, 2009 United India Insurance Company Limited ... Appellant VERSUS Sarla Devi and others ... Respondents CORAM : HON'BLE MR.JUSTICE A.N.JINDAL Present: Ms.Sonal Dutta, Advocate for Mr.Vikas Mohan Gupta, Advocate for the appellant. Mr.S.K.Verma, Advocate for respondent No.1. A.N.JINDAL, J.- The judgment dated 14.1.2009 passed by Motor Accident Claims Tribunal, Hisar has been challenged by the Insurance Company (herein referred as the appellant) only on the ground that though family of the deceased consisted of his widow and two sons, but the Tribunal for the reasons best known to it, applied the cut of 1/4th instead of 1/3rd in his income while assessing the dependency of the claimants, which is not in accordance with the judgment of the Apex Court in case Smt.Sarla Verma and others vs. Delhi Transport Corporation and another, 2009(3) RCR(Civil) 77. After considering the argument raised and going through the FAO No.1320 of 2009(O&M) [ 2 ] records, it may be observed that the observations made by the Tribunal regarding application of cut are not correct, yet it is noticed that one of the dependents of the deceased suffers from mental disorder, therefore, lot of money was needed for his maintenance and medical treatment. Therefore, while examining the case from that angle, reasonable cut of 1/4th from the income towards the self-dependency was not on the lower side. Anyway, while taking the age of the deceased as 57 years, the Tribunal has applied the multiplier of 8, whereas, as per the Sarla Verma's case (supra), it should have been `9'. As such, while examining the case from any angle, the compensation awarded cannot be held to be on higher side. In such circumstances, finding no grounds to interfere, the appeal is dismissed. September 10, 2009 ( A.N.JINDAL ) `gian' JUDGE