IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.No.803 of 1992(O&M) Date of Decision 18.12.2009 Chiranji Lal and others ...... Appellants VERSUS Mahabir and others ...... Respondents CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr.Jaswant Jain, Advocate, for the appellants. Mr.Gopal Mittal, Advocate, for respondent No.3-Insurance Co. ***** A.N.JINDAL, J(ORAL): This appeal for enhancement is directed against the award dated 05.02.1992, passed by Motor Accident Claims Tribunal, Narnaul (herein referred as 'the Tribunal'), awarding compensation to the tune of Rs.1,44,000/- alongwith interest @ 12% per annum in favour of the claimants-appellants (herein referred as 'the claimants') and against the respondents jointly and severally, on account of the death of Dharampal in a motor vehicle accident. Neither the negligence nor the liability of respondent No.1 to pay compensation has been challenged. However, enhancement has been sought by the appellants. The deceased was 29 years old at the time of death and out of his income, as determined by the Tribunal @ Rs.3,000/-, it has committed an error while assessing the dependency @ Rs.1500/- per month towards the claimants. The Tribunal has also fallen in error in not applying appropriate multiplier and awarded lump-sum amount of Rs.1,44,000/- only. However, learned counsel for the claimants has offered to settle the appeal if the F.A.O.No.803 of 1992(O&M) -2- compensation is enhanced to Rs.1,30,000/- over and above the award amount to which learned counsel for respondent No.3-Insurance Company agrees. As such, with the consensus arrived at between the parties, this appeal is partly accepted and the impugned award is modified by enhancing compensation to the tune of Rs.1,30,000/- over and above the award amount which will be paid by the respondent-Insurance Company within 45 days from the date of receipt of copy of the order, failing which the claimants would be entitled to receive the interest on the enhanced amount at the same rate, as awarded by the Tribunal. No order as to costs. (A.N.Jindal) Judge 18.12.2009 mamta-II