FAO No. 4636 of 2009 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH FAO No. 4636 of 2009 (O&M) Date of decision : 29.3.2010 ... Smt. Munni Devi ................Appellant vs. Dharam Singh and others .................Respondents Coram: Hon'ble Mr. Justice K.C. Puri Present: Sh. S.S. Virk, Advocate for the appellant Ms. Vandana Malhotra, Advocate for respondent No.3-Insurance company. ... K.C. Puri, J. (Oral) This is an appeal directed by widow against the award dated 13.5.2009 passed by Motor Accident Claims Tribunal, Panipat, vide which the claim petition preferred by the claimant was accepted and an amount of Rs.3,55,000/- was awarded as compensation. The age of the deceased has been taken as 36 years. The income of the deceased has been taken as that of a labourer i.e. Rs.3,500-3,600/- per month. The claimant being sole dependent, the dependency has been taken as Rs.1,800/- per month and yearly dependency has been taken as Rs.21,600/- (1800 X 12). The FAO No. 4636 of 2009 -2- multiplier applied by the Tribunal is 16 and in this manner the amount was calculated as Rs.3,45,600/- (21,600 X 16) and by rounding it of to Rs.3,46,000/-. An amount of Rs.5,000/- was granted on account of loss of consortium. Another amount of Rs.4,000/- was granted on account of loss funeral expenses and in this manner, the total amount of Rs.3,55,000/- was granted. Feeling dissatisfied with the above said award, the widow- claimant – Smt. Munni Devi has preferred the present appeal for enhancement. Learned counsel for the appellant has submitted that deceased was employed by a contractor and was earning Rs.5,500/- per month. The income of the deceased has been assessed by the Tribunal on lower side. It has been further contended that dependency has also been taken on lower side. It is argued that deceased was aged 35 years, so in these circumstances the multiplier should have been 16. On the other hand, counsel for the Insurance company has supported the judgment of the Tribunal and has submitted that the amount of compensation has been correctly calculated. It is contended that age in the post mortem report has been mentioned as 36 years. So, the multiplier has been correctly applied. It is further contended that dependency has also been correctly assessed. So, prayer has been made for dismissal of the appeal. I have considered the submissions made by counsel for both the sides and have also gone through the record of the case. So, far as income of Rs.3,500-3,600/- assessed by the FAO No. 4636 of 2009 -3- Tribunal is concerned, that does not call for any interference. This aspect has been dealt with by the Tribunal in para No. 13 of its judgment and it has been observed that there is no documentary proof regarding the salary of the deceased. So, the income has been correctly assessed by the Tribunal. Now, reverting to the age of the deceased, the claimant has claimed the age of the deceased as 35 years, whereas in the post mortem report, the age of the deceased has been mentioned as 36 years. The age mentioned in the post mortem report is generally correct as at that time nobody anticipate the filing of claim petition. So, at the age of 36 years, as per authority reported as Smt. Sarla Verma and others vs. Delhi Transport Corporation and another 2009(3) RCR (Civil) 77, the multiplier is also on the correct side. Now, the last question that remains to be answered, is regarding the dependency. In my view, the dependency should have been taken as Rs.2,000/- per month. So, by taking that amount, the yearly dependency comes to Rs.24,000/- (2000 X 12) and by applying the multiplier of 16, the amount calculated comes to Rs. 3,84,000/- (24,000 X 16). Another amount of Rs. 5,000/- has been awarded on account of loss of consortium and Rs.4,000/- has been awarded on account of funeral expenses. Another amount of Rs.2,000/- stands granted on account of loss of estate and Rs.5,000/- is allowed on account of transportation of the dead body. In this manner, the total amount is calculated as Rs.4,00,000/-. So, the amount of compensation stands enhanced by Rs.45,000/-. The enhanced amount shall also carry interest @ 7% per annum from the date of filing of FAO No. 4636 of 2009 -4- appeal till payment. The liability to pay the enhanced amount shall be the same as held by the Tribunal. The petition stands disposed of. ( K.C. Puri ) 29.3.2010 Judge chugh