FAO No.6681 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.6681 of 2010 (O&M) Date of decision: 13.12.2011 Jethu Ram and another ...Appellants Versus The United India Assurance Co. Ltd. and others ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Naresh Kaushik, Advocate for the appellants Mr.K.K.Verma, Advocate for Mr.RK Bashamboo, Advocate for respondent No.1-Insurance Company **** Jitendra Chauhan, J. (Oral) The appellants-claimants, who are the parents of the deceased Rakesh Kumar, have filed the present appeal for enhancement of the compensation amount awarded by the learned Motor Accident Claims Tribunal, Panchkula (for short 'the Tribunal') vide award dated 24.4.2010, on account of death of Rakesh Kumar, in a motor vehicular accident on 18.10.2007. Learned counsel for the appellants refers to the Salary certificate Ex.P5 and contends that the deceased had been drawing salary of Rs.5,000/- per month at the time of his death. He was an unmarried boy of 21 years of age. The learned Tribunal wrongly assessed monthly dependency at Rs.2,000/-, which is against the record and inadequate. He has further contended that the amount awarded under the conventional heads is also on the lower side. FAO No.6681 of 2010 (O&M) 2 On the other hand, learned counsel for the respondent No.1- Insurance Company has contended that the compensation awarded by the learned Tribunal is already being on the higher side, therefore, there is no scope for any further enhancement. I have heard learned counsel for the parties and perused the record. It is admitted that the deceased had been working as a Clerk with an Advocate. As per Salary Certificate Ex.P5, dated 14.8.2008, the income of the deceased was Rs.5,000/- per month. The Statement of PW3 Naresh Kaushik, Advocate is corroborated with Ex.P5, Salary certificate. There is no rebuttal to the statement of PW3 Naresh Kaushik, Advocate. The deceased was unmarried boy of 21 years of age. Keeping in view the law laid down by the Hon'ble Supreme Court in Smt. Sarla Verma and others Vs. Delhi Transport Corporation and another, 2009(3) RCR (Civil) 77, the dependency should have been assessed at 50% i.e. Rs.25,00/- per month. Ordered accordingly. Keeping in view the age of the claimants, the multiplier of 12 applied by the learned Tribunal is adequate. The amount awarded towards the other heads is just and reasonable. Accordingly, the total compensation comes to Rs.3,82,000/- ( 2500 (monthly dependency) x 12 x 12 (multiplier) + 22,000/-( already awarded under the conventional heads). The balance enhanced amount i.e. Rs.72,000/- (3,82,000 – 3,10,000 (already awarded by the learned Tribunal) shall be paid to the appellants, in the manner indicated in the impugned award, within 45 days from the date of receipt of the certified copy of the FAO No.6681 of 2010 (O&M) 3 judgment, failing which, the same shall carry interest @7.5% per annum from the date of filing of the appeal, till its realisation. In view of above, the present appeal is partly allowed with the modification indicated above. 13.12.2011 (JITENDRA CHAUHAN) gsv JUDGE