FAO No. 1991 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 1991 of 2011 ( in MACT No.91 of 2009) Date of decision: 4.11.2011 Vaneet Kumar and others ...Appellants Versus Ram Singh and others ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Gaurav Jain, Advocate for the appellants. Mr.CM Munjal, Advocate for respondent Nos. 1 and 2. Mr.DR Bansal, Advocate for respondent No.3. Jitendra Chauhan, J. (Oral) The present appeal has been filed by the claimants/ appellants, seeking enhancement of the compensation amount awarded by the learned Motor Accident Claims Tribunal, Bathinda vide award dated 13.10.2010, on account of death of Budh Ram Garg, father of the appellants. Learned counsel for the appellants has argued that the learned Tribunal has wrongly assessed the multiplier of 5, whereas as per the Smt. Sarla Verma and others Vs. Delhi Transport Corporation and another, 2009(3) RCR (Civil) 77 , the same should be applied as 9, as the age of the deceased was 60 years at the time of his death. On the other hand, learned counsel for the respondent have contended that the learned Tribunal has rightly assessed the compensation amount, and therefore, there is no scope of enhancement. FAO No. 1991 of 2011 2 I have heard learned counsel for the parties and perused the record carefully. It is admitted that the death of the Budh Ram Garg, father of the appellants occurred in a motor vehicular accident on 4.10.2008. It is also admitted that age of the deceased was 60 years at the time of her death. Therefore, as per Smt. Sarla Verma's case (supra), the multiplier of 5 applied by the learned Tribunal is on the lower side and the same deserves to be enhanced. Order accordingly. The multiplier is enhanced from 5 to 9. The learned Tribunal has rightly apportioned the compensation amount between appellants. It is proved on record that appellant Nos.3 to 7 being major and married daughter are not the dependents, whereas appellant Vaneer Kumar and Mohit Garg have not suffered any loss regarding earning, but they have suffered the loss in respect of love and affection on account of loss of their father. In this regard, the learned Tribunal has rightly reduced the annual dependency to a notional figure i.e. 20% in respect of Vaneet Kumar and 30% in respect of Mohit Garg. Resultantly, the total compensation after applying the enhanced multiplier of 9, comes to ` 1,85,725 (20636 x 9) in respect of Vaneet Kumar appellant and ` 2,78,586- (30,954 x 9) in respect of Mohit Garg. The amount awarded under the conventional heads is just and adequate and are not interfered with. Accordingly, the enhanced amount i.e. ` 82,545 ( 1,85,725- 1,03,180, already awarded by the learned Tribunal) and ` 1,23,816/- (2,78,586- 1,54,770 already awarded by the learned Tribunal) shall be paid to Vaneet Kumar and Mohit Garg respectively in the manner indicated in FAO No. 1991 of 2011 3 the impugned award within 45 days from the date of receipt of the certified copy of the judgment, failing which, the same shall carry interest @ 7.5 % per annum from the date of filing of the appeal, till its realisation. In view of above, the present appeal is partly allowed with the modification indicated above. 4.11.2011 (JITENDRA CHAUHAN) gsv JUDGE