FAO No.1673 of 2010 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1673 of 2010 (in MACT No.132 of 2006) Date of Decision : 03.11.2011 Mubeen .......Appellant Versus Manoj and another .......Respondents CORAM:- HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Ms. Amrita Nagpal, Advocate, for Mr. Lokesh Sinhal, Advocate, for the appellant. Mr. Vivek Singal, Advocate, for respondent No.2. **** JITENDRA CHAUHAN, J. (ORAL) The instant appeal has been preferred by the claimant- appellant, impugning the Award dated 18.8.2009, passed by the learned Motor Accident Claims Tribunal, Gurgaon, seeking enhancement in the amount of compensation granted on account of the injuries sustained by him in the road accident. Brief facts of the case in hand are that on 20.5.2006, at about 4.00-4.30 p.m., the appellant was standing at Tizara Ferozepur bus stand. At that time, respondent No.1 came on a motorcycle in a rash and negligent manner and struck against the appellant. 1 FAO No.1673 of 2010 Consequently, the appellant fell down and sustained multiple severe injuries including injuries on his head. He was firstly removed to Government Hospital, Tizara. In this background, the claimant- appellant preferred claim petition before the learned Tribunal, claiming compensation. The learned Tribunal awarded compensation to the tune of `2,25,000/- under various heads, the details of which are mentioned in para No.15 of the impugned Award. Not satisfied with the amount of compensation, the appellant-claimant came up in this appeal. I have heard the learned counsel for the parties and perused the record. The injured claimant was aged 45 years at the time of the accident. The learned Tribunal, while assessing the compensation, has applied the multiplier of 10. As per the schedule provided by Hon’ble the Apex Court in Smt. Sarla Verma and others Vs. Delhi Transport Corporation and another, 2009(3) RCR (Civil) 77, the multiplier applied ought to have been 14 instead of 10. Accordingly, the multiplier applied by the learned Tribunal is enhanced from 10 to 14 and the claimant-appellant is held entitled to an amount of `72,000/- (`18,000/- X 4), as enhanced compensation as dependency. The compensation awarded by the learned Tribunal under all other heads seems just and reasonable, and are not disturbed. The enhanced compensation of `72,000/- shall be payable to the appellant within a period of 45 days from the date of receipt of certified copy of this judgment. In case the amount is not 2 FAO No.1673 of 2010 paid within the stipulated period, the appellant shall be further entitled to interest @ 7.5% from the date of filing the appeal, till its realization. In view of the above, the present appeal is partly allowed and the impugned Award dated 18.8.2009 of the learned Tribunal is modified to the extent indicated above. ( JITENDRA CHAUHAN ) 03.11.2011 JUDGE atulsethi Note: Whether to be referred to reporter ? Yes/No 3