FAO Nos.6145 and 6146 of 2011 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (i) FAO No.6145 of 2010 (in MACT case No.533 of 2007) Date of Decision : 07.11.2011 Bhagpati and others .......Appellants Versus Sh. Jodinger Singh and another .......Respondents (ii) FAO No.6146 of 2010 (in MACT case No.534 of 2007) Bhagpati and others .......Appellants Versus Sh. Jodinger Singh and another .......Respondents CORAM:- HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Ms. Ekta Thakur, Advocate, for the appellants. None for respondent No.1. Mr. Ravinder Arora, Advocate, for respondent No.2. **** JITENDRA CHAUHAN, J. (ORAL) Two appeals, namely, FAO Nos.6145 and 6146 of 2010, are being disposed of by this single judgment, having arisen out of the same accident. 1 FAO Nos.6145 and 6146 of 2011 Brief facts of the case in hand are that on 18.11.2007, Sat Pal, since deceased, his wife, Smt. Soni, and some other occupants, were travelling from Bathinda to Grain Market, Sector 26, Chandigarh, in a Tata 207 Truck, bearing No.HR-39A-1786, with guavas fruit loaded upon it. When they reached at the light point of Sectors 29/30, a bus, bearing No.HP-36A-0290, being driven by respondent No.1, Joginder Singh, the driver, in a rash and negligent manner at a high speed, came from the side of Sector 29, Industrial Area, Chandigarh, and hit against the truck. Resultantly, Sat Pal and his wife, Smt. Soni, received multiple injuries on their person. They succumbed to their injuries in the PGIMER, Chandigarh. FIR No.208 dated 18.11.2007, under Sections 279/337 of the Indian Penal Code was got registered against the driver, respondent No.1-Joginder Singh. In this background, two claim petitions, were filed by the claimants. The learned Tribunal, vide single Award dated 21.4.2010, awarded a sum of Rs.3,70,000/- in MACT No.533 of 23.11.2007 and Rs.2,80,000/- in MACT No.534 of 23.11.2007. Aggrieved therefrom, the claimants have come in appeal before this Court, seeking enhancement. In FAO No.6145 of 2010, (MACT case No.533 of 2007) it has come on record that the deceased, Sat Pal, was 26 years of age at the time of his death in the said accident. While assessing the compensation, the learned Tribunal has applied the multiplier of 15. As per the table provided by Hon’ble the Apex Court’s decision in Smt. Sarla Verma and others Vs. Delhi Transport Corporation and 2 FAO Nos.6145 and 6146 of 2011 another, 2009(3) RCR (Civil) 77, the multiplier applied should have been 18. In this view of the matter, the multiplier applied by the learned Tribunal is enhanced from 15 to 18 and the claimants are held entitled to an amount of Rs.72,000/- as enhanced compensation, which shall be payable to them within a period of 45 days from the date of receipt of certified copy of this judgment. In case the aforesaid amount is not paid within the stipulated period, the same shall carry interest @ 7.5% from the date of filing the present appeal, till its realization. The present appeal is partly allowed and the Award of the learned Tribunal is modified to the extent indicated above. FAO No.6146 of 2010 In MACT No.534 of 2007, the deceased, Smt. Soni, was 25 years of age at the time of her death. The learned Tribunal has again applied the multiplier of 15, which is again not as per the table provided by Hon’ble the Apex Court’s decision in Sarla Verma’s case (supra). In this view of the matter, the multiplier of 15 is enhanced to 18. Further perusal of the impugned Award reveals that the learned Tribunal has assessed the dependency at 50%. However, this Court is of the considered opinion that a married woman being house- maker, would contribute much more in terms of her services rendered to the household and in no case, less than the contribution of a married male towards his family, which is 2/3rd as per the Hon’ble Apex Court’s decision in Sarla Verma’s case (supra). Accordingly, the 3 FAO Nos.6145 and 6146 of 2011 dependency in the present case is assessed as 2/3rd and the compensation on account of dependency comes to Rs.4,32,000/- (24,000X18). The learned Tribunal has awarded `5,000/- as funeral expenses and `5,000/- as loss of estate, which are just and adequate. The total compensation to which the claimant-appellants are entitled to is `4,42,000/-. The learned Tribunal has already awarded `2,80,000/-. Now the appellants are entitled to further enhancement of `1,62,000/-. In view of the above discussion, the claimants are held entitled to an amount of Rs.1,62,000/- as enhanced compensation, which shall be payable to them within a period of 45 days from the date of receipt of certified copy of this judgment, failing which, the claimants shall be further entitled to interest @ 7.5% from the date of filing the present appeal till its realization. The present appeal is partly allowed and the Award of the learned Tribunal is modified to the extent indicated above. ( JITENDRA CHAUHAN ) 07.11.2011 JUDGE atulsethi Note: Whether to be referred to reporter ? Yes/No 4