F.A.O NO. 1683 OF 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O NO. 1683 OF 2009 DECIDED ON : 15.03.2010 Saroj Devi and others ...Appellants versus Ram Avtar and others ...Respondents CORAM : HON'BLE MR. JUSTICE K. C. PURI Present : Mr. Mukesh Yadav, Advocate, for the appellants. Mr. S. K. Yadav, Advocate, for respondent No.2. Mr. Pardeep Goyal, Advocate, for respondent No.3-Insurance Company. K. C. PURI, J. (ORAL) Respondent No.1 is driver. The Insurance Company has been held liable. So, service of respondent No.1 stands dispensed with. This is an appeal directed by Saroj Devi-widow, Sunil Kumar-son, Manju and Anju daughters and Gindori-mother of Om Parkash claiming compensation on account of death of deceased Om Parkash in a motor vehicular accident. The deceased was working as mason and his income has been taken as Rs.2200/- per month. His monthly dependency F.A.O NO. 1683 OF 2009 -2- was calculated as Rs.1467/-, after deducting 1/3rd amount on account of personal expenses incurred by the deceased for his maintenance. The multiplier applied by the Tribunal was 15. In this manner, a sum of Rs.2,64,060/- (1467 x 12 x 15) was awarded by the Tribunal. Another sum of Rs.5000/- was awarded on account of funeral expenses, Rs.5000/- on account of loss of estate, Rs.5000/- on account of pain and sufferings and Rs.5000/- on loss of consortium. In this manner, the claimants were held entitle to claim Rs.2,84,060/-. Feeling dissatisfied with the above said award, the appellants have preferred the present appeal for enhancement. The income of the deceased has been taken as Rs.2200/- per month. He was working as mason. So, his monthly income is taken as Rs.2400/-. In view of authority “Smt. Sarla Verma & ors. vs. Delhi Transport Corporation & anr.” 2009 (3) RCR (Civil) 77, the monthly dependency comes to Rs.1800/- after deducting 1/4th on account of personal expenses. The yearly dependency comes to Rs.21,600/- (1800 x 12). The multiplier applicable at the age of 42, as per Sarla Verma's case (supra), is 14. By applying the said multiplier, the amount comes to Rs.3,02,400/-. The Tribunal has awarded another amount of Rs.20,000/- on account of loss of estate, loss of consortium, pain and sufferings and funeral expenses. By adding that amount, the total amount comes to Rs.3,22,400/-. The enhanced amount of Rs.38,340/- by rounding the same as F.A.O NO. 1683 OF 2009 -3- Rs.38,500/-, is ordered to be paid to the widow alone along with interest @ 7% per annum from the date of filing the appeal till its realisation. The liability to pay the amount shall remain the same as ordered by the Tribunal. Disposed of. MARCH 15, 2010 (K. C. PURI) shalini JUDGE