F.A.O NO. 623 OF 1986 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O NO. 623 OF 1986 DECIDED ON : 15.03.2010 Manjit Singh and another ...Appellants versus General Manager and others ...Respondents CORAM : HON'BLE MR. JUSTICE K. C. PURI Present : Mr. Rameshwar Malik, Advocate, for the appellants. Mr. Sudhir Nehra, Additional AG, Punjab. Mr. Neeraj Khanna, Advocate, for the Insurance Company. K. C. PURI, J. (ORAL) This is an appeal directed by Manjit Singh-husband and Baby Sherry-daughter of deceased Varinder Kaur claiming compensation on account of death of Varinder Kaur in a motor vehicular accident. The Tribunal took the earning capacity of the deceased as Rs.500/- per month and the dependency was calculated as Rs.240/- per month. By applying the multiplier of 16, the compensation comes to Rs.46,080/- . Thereafter the matter was taken up by the Lok Adalat. The Lok Adalat took the salary of F.A.O NO. 623 OF 1986 -2- deceased as Rs.742/- and the dependency was calculated as Rs.495/- per month. The age of the deceased was 24 at the time of accident. The multiplier applied by the Tribunal was 17. So, in this manner, the amount of compensation was worked out as Rs.1,00,980/-. In addition to that, a sum of Rs.7000/- was granted on account of funeral expenses and loss of consortium. In this manner, the amount was calculated as Rs.1,07,980/- over and above the amount awarded by the Tribunal. 12% interest was allowed from the date of filing of claim petition i.e 11.01.1984 till its realisation. However, the Insurance Company has taken the stand that the Lok Adalat cannot decide the case on merits. 50% share has been stated to be paid by respondents No.1 and 2. However, the Insurance Company has disputed the liability. Learned counsel for the appellants has submitted that Varinder Kaur was appointed as Instructor and has placed on record the photo stat copy of her appointment letter and has further submitted that the deceased was drawing salary of Rs.742/-. As such, by deducting 1/3rd, the amount was calculated as Rs.495/- per month. The argument carries weight and has to be accepted. The multiplier of 17 has been applied by the Lok Adalat on the basis of Second Schedule. So, in this manner, the amount was granted as Rs.1,00,980/-. Rs.7000/- was granted on account of F.A.O NO. 623 OF 1986 -3- funeral expenses, loss of estate etc. So, the claimants are entitled to Rs.1,07,980/-. The Insurance Company shall pay one half of the amount as awarded by the Lok Adalat along with interest @ 12 % from the date of appeal i.e 11.01.984 till its realisation. Disposed of. MARCH 15, 2010 (K. C. PURI) shalini JUDGE