IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 4107 of 2002 Date of decision: 19th November, 2008 Harjit Kaur and others … Appellants Versus Parvinderjit Singh and others … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. S.S. Rangi, Advocate for the appellants. Mr. S.P. Sharma, Deputy Manager (Legal), Oriental Insurance Co. Ltd. KANWALJIT SINGH AHLUWALIA, J. (ORAL) In the present case, Jagdev Singh, aged 52 years, was employed as Chief Pharmacist in Civil Hospital, Fatehgarh Sahib. According to the counsel, he was drawing salary of Rs.11,873/- per month. He died in an accident. He was survived by his widow Harjit Kaur and two sons namely, Jasbir Singh and Hoshiar Singh. On 9th September, 2000, Jagdev Singh along with his family members, was going from village Mullepur to Gurudwara Anandpur Sahib to offer their prayers on their scooters. Jagdev Singh was riding pillion of the scooter bearing registration No. PB-23- A/1243. The scooter was being driven by his son. Three kilometers short of Anajdpur Sahib, a Maruti Zen Car bearing registration No.PB-65-A/ 2440 came from opposite side in a rash and negligent manner. It struck against the scooter of Jasbir Singh, due to which Jasbir Singh and Jagdev Singh fell down on the road. Jasbir Singh suffered injuries and Jagdev Singh died. The Tribunal held that accident has taken place due to rash and negligent driving of Maruti Zen Car, driven by Parvinderjit Singh. Maruti Zen FAO No.4107 of 2002 Car was insured with Oriental Insurance Company Ltd. The Court held that out of Rs.11,873/- salary drawn by Jagdev Singh, vide certificate (C-4), dependency of the family will be Rs.7000/- and multiplier of 9 was applied. Mr. Rangi appearing for the appellant states that dependency of the family has been determined on the lower side. Out of Rs.11,873/-, in the family of four, Rs.4000/- expenses on the self cannot be justified, therefore, the deceased must be contributing Rs.8000/- towards his family. He further states that multiplier of 9 is on the lower side. Instead, multiplier of 13 should have been applied. Mr. S.P. Sharma, Deputy Manager (Legal), Oriental Insurance Company Ltd. states that multiplier of 13 is on the higher side. In the present case, multiplier of 11 should be just. Taking into consideration the submissions made by the parties, I am of the view that Mr. S.P. Sharma, in a very fair manner, has stated that multiplier should be 11. Therefore, dependency of the family is determined to be Rs.7500/- per month and multiplier of 11 will apply. Accordingly, total amount comes to Rs.9,90,000/- (7500 x 12 x 11). Rs.7,70,000/- has already been paid by the Insurance Company. Therefore, appellant claimant shall be entitled to Rs.2,20,000/- more, over and above Rs.7,70,000/- already awarded by the Insurance Company. Interest @ 6 percent per annum on the amount of enhancement shall be paid by the Insurance Company from the date of filing of claim petition till the actual payment is made. With these observations, present appeal is disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE November 19, 2008 rps