FAO No.5153 of 2008 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.5153 of 2008 Date of Decision : 05.09.2011 Sushila and others .......Appellant Versus Balwant and others .......Respondents CORAM:- HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. K.S. Dhanora, Advocate, for the appellants. Mr. Ankur Garg, AAG, Haryana. **** JITENDRA CHAUHAN, J. (ORAL) 1. The claimants-appellants are in appeal against the impugned Award dated 26.04.2008, passed by the learned Motor Accident Claims Tribunal, Hisar, (for short, ‘the Tribunal) seeking enhancement in the amount of compensation awarded to them on account of the death of Ram Chander, due to the accident which took place on 19.1.2006. 2. Heard. 3. From the perusal of the impugned Award, it is made out that the deceased, Ram Chander, was 35 years of age at the time of his death. The claimants are his wife and four minor children. While 1 FAO No.5153 of 2008 awarding the compensation, the learned Tribunal has deducted one- third on account of personal expenses, whereas, in view of the law laid down by Hon’ble the Apex Court in Sarla Verma Vs. DTC, (2009) 6 SCC 121, the deduction should have been made to the extent of one- fourth. I order accordingly. In this way, the amount of dependency comes to `1,575/- p.m. instead `1,400/- p.m. It is further observed that while assessing the amount of compensation, the learned Tribunal has applied the multiplier of 15. It is proved on record that the deceased was 35 years of age at the time of his death. In view of the formula in Sarla Verma’s case (supra), the suitable multiplier is 16 in the present case. Accordingly, the multiplier of, 15 as applied by the learned Tribunal, is enhanced to 16. The learned Tribunal has awarded an amount of `5,000/- against the head ‘loss of consortium’, which, in the opinion of this Court, is inadequate. Accordingly, the amount under this head is enhanced by `5,000/-, over and above the amount already granted. The compensation granted under all other heads seems to be just and reasonable. The enhanced amount of compensation shall be paid within 45 days from the date of receipt of certified copy of this order. In case, the enhanced amount is not paid within the stipulated period, the appellants shall be entitled to the interest at the rate of 7.5% p.a. from the date of filing the present appeal till its realization. Accordingly, the present appeal is partly allowed and the Award of the learned Tribunal is modified to the extent indicated above. 2 FAO No.5153 of 2008 ( JITENDRA CHAUHAN ) 05.09.2011 JUDGE atulsethi Note: Whether to be referred to reporter ? Yes/No 3