IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.No.4682 of 2008(O&M) Date of Decision 09.11.2009 Smt.Ajita and others ...... Appellants VERSUS Hansraj and others ...... Respondents CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr.S.K.Yadav, Advocate, for the appellants. Mr.Sumeet Goel, Advocate, for respondent No.3-Insurance Company. ***** A.N.JINDAL, J(ORAL): This appeal for enhancement is directed against the award dated 13.12.2007, passed by Motor Accident Claims Tribunal, Narnaul, (herein referred as 'the Tribunal') awarding compensation to the tune of Rs.4,84,600/- alongwith interest @ 7.5% 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 Mukesh, aged about 26 years, in a motor vehicular accident. The respondents have neither challenged the negligence nor the liability to pay the compensation. However, the claimants have sought enhancement of compensation. Challenge made by the claimants is that the proper multiplier has not been applied and necessary deduction of dependency has not been made. Having considered the arguments, I am convinced by the same. It was observed in case Smt.Sarla Verma and others vs. Delhi Transport Corporation and another 2009 (3) RCR (Civil) Page 77 that in case the F.A.O.No.4682 of 2008(O&M) -2- persons die in the age group of 26 then the multiplier of 17 is required to be applied. Heard. The deceased was a young man of 26 years when he died. He was a mason and singer and had a wife, three minor children and mother. Therefore, the Tribunal while applying multiplier of 17 should have also made a cut to the extent of 1/4th instead of 1/3rd as observed in Sarla Verma's Case (supra). Thus, while taking the monthly income of the deceased as Rs.3500/- and after deducting 1/4th which he used to contributed towards himself and after applying the multiplier of 17, compensation payable to the claimants comes to Rs.5,35,500/-. While adding Rs.35,000/- as already awarded by the Tribunal on account of consortium and funeral expenses, the total compensation payable to the claimants comes to Rs.5,70,500/-. Resultantly, this appeal is partly accepted and the impugned award is modified by enhancing compensation to the tune of Rs.50,900/- over and above the award amount. However, the appellants would also be entitled to receive the interest on the enhanced amount at the same terms as awarded by the Tribunal. (A.N.Jindal) Judge 09.11.2009 mamta-II