FAO No. 5434 of 2009 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH FAO No. 5434 of 2009 (O&M) Date of decision : 19.3.2010 ... Rajbala and others ................Appellants vs. Rajpal and others .................Respondents Coram: Hon'ble Mr. Justice K.C. Puri Present: Sh.Ashwani Bhardwaj, Advocate for the appellants Ms. Vandana Malhotra, Advocate for respondent No.3-Insurance company ... K.C. Puri, J. (Oral) This is an appeal directed by widow and three children and father of deceased Laxman @ Lachhman, claiming compensation on account of death of Laxman @ Lachhman in a motor vehicular accident. Learned Tribunal has taken the income of the income of the deceased as Rs.3,500/- per month i.e. Rs.42,000/- per annum. 1/3rd amount was deducted on account of personal expenses of the deceased and yearly dependency was taken as Rs.28,000/- per annum. The age of the deceased was taken as 43 years and the multiplier applied by the Tribunal was 13. The amount was calculated as 3,64,000/- (28,000 X 13). An amount of Rs. 10,000/- was granted on account of conveyance of dead body and last rites. In this manner, FAO No. 5434 of 2009 -2- the total amount of compensation was calculated as Rs.3,74,000/-. Feeling dissatisfied with the above said award, the claimants have preferred the present appeal for enhancement of compensation. Learned counsel for the appellants has submitted that the income of Rs.3,500/- per month assessed by the Tribunal is on lower side. The deceased was earning Rs.15,000/- per month. He has further contended that in view of authority reported as Smt. Sarla Verma and others vs. Delhi Transport Corporation and another 2009(3) RCR (Civil) 77, the cut in respect of personal expenses should be 1/4th as there are five claimants. He has also contended that according to Smt. Sarla Verma 's case (Supra) multiplier applicable at the age of 43 is 14. In reply to the abovesaid submission, counsel for the Insurance company has submitted that the Tribunal has correctly assessed the amount of compensation. So, no ground for enhancement is made out. I have carefully considered the submissions made by both the sides and have also gone through the record of the case. So far as income assessed by the Tribunal as Rs.3,500/- is concerned, that does not call for any interference in the absence of any cogent evidence for enhancement. However, in view of Smt. Sarla Verma 's case (Supra), the dependency should be Rs.2,625/- per month after deducting 1/4th amount for personal expenses of the deceased. The yearly dependency comes to Rs.31,500/- (2,625 X 12) and the multiplier age the age of 43 as per Smt. Sarla Verma 's case (Supra) is 14. So, by applying the multiplier of 14, the amount is FAO No. 5434 of 2009 -3- calculated as Rs.4,41,000/- (31,500 X 14). Another sum of Rs.10,000/- has been granted by the Tribunal towards conveyance of dead body and last rites. So, the claimants are held entitled to claim Rs.4,51,000/-. So, in this manner, the compensation stands enhanced to Rs.77,000/- (4,51,000 – 3,74,000). The enhanced amount shall be paid to Rajbala-widow alone, as she has to spend whole of her life on the earning of her husband. The said enhanced amount shall 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 ) 19.3.2010 Judge chugh