IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.No.1522 of 2005 (O&M) Date of Decision 04.11.2009 Ginni Devi and others ...... Appellants VERSUS Subhash and others ...... Respondents CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr.Jagdeep S.Virk, Advocate, for the appellants. Mr.Mrigank Sharma, Advocate, for the respondent-Insurance Company. ***** A.N.JINDAL, J(ORAL): The enhancement of the compensation awarded vide award dated 16.12.2004, passed by Motor Accident Claims Tribunal, Kaithal, (herein referred as 'the Tribunal') whereby compensation to the tune of Rs.14,65,184/- alongwith interest @ 9% per annum in favour of the appellants-claimants (herein referred as 'the claimants') and against the respondents jointly and severally on account of the death of Ram Niwas in a motor vehicular accident was awarded has been sought. Arguments heard at length. Rival parties have put up their own view points on the quantum of compensation. Keeping in view the pecuniary loss suffered by the claimants and also the fact that one unit multiplier in excess has been awarded to the claimants and that the income of the deceased was likely to increase by way intermittent promotions, some enhancement was likely to be made. It has been observed in case fact to the claimants and also one unit multiplier on the higher side which could be compensated towards the promotion of the F.A.O.No.1522 of 2005 (O&M) -2- deceased. The compensation if calculated turns to the same. It has been observed in case Bhakra Beans Management Board versus Kanta Aggarwal (Smt) and others 2008 (3) RCR Civil 733 that the High Court at least cite of the fact that benefit which claimant on account of the death or injury have been duly considered by availing the compensation. Similarly, this High Court in case Inder Singh and another versus Ram Niwas and others 2004 (1) P.L.R. 254 observed as under:- “I am of the opinion that no fault can be found with the award of the Tribunal with regard to the finding of negligence of Ram Niwas, the driver of the offending Truck truck. The aforesaid finding is accordingly confirmed. I am also of the opinion that the Tribunal was right in deducting a sum of Rs.310/- while determining the total dependency of the claimants on the deceased as the family pension on that amount was being paid to the claimants every month.” In these circumstances, while calculating the pecuniary benefits awarded to the claimants at the time of death of the deceased, I hasten to enhance the compensation as awarded by the Tribunal. It has also brought to my notice that the insurance company has also preferred an appeal with regard to quantum of compensation, which has already been dismissed. No grounds to interfere. Dismissed. (A.N.Jindal) Judge 04.11.2009 mamta-II