F.A.O NO.107 OF 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O NO.107 OF 2009 DECIDED ON : 08.03.2010 Rajinder Kaur ...Appellant versus Kulwinder Singh and others ...Respondents CORAM : HON'BLE MR. JUSTICE K. C. PURI Present : Mr. Anil Chawla, Advocate, for the appellant. Mr. Ashwani Talwar, Advocate, for Insurance Company. K. C. PURI, J. (ORAL) Rajinder Kaur-mother has preferred the claim petition under Section 166 of the Motor Vehicles Act, claiming compensation on account of death of her son Arvinder Singh s/o Pargat Singh in a motor vehicular accident. The deceased was 19 years, a student and agriculturist at the time of accident. According to the claimant, the deceased was earning Rs.8000/- per month. The learned Tribunal assessed the income of deceased as Rs.2400-2500/- per month and the monthly dependency was calculated as Rs.1500/-. The age of the claimant was taken as 41 years. So, the multiplier of 11 was applied by the Tribunal. In this F.A.O NO.107 OF 2009 -2- manner, an amount of Rs.1,98,000/- (1500 x 12 x 11). Another sum of Rs.2000/- was granted on account of funeral expenses. In this manner, an amount of Rs.2,00,000/- was granted to the claimant. Still dissatisfied with the above said award, Rajinder Kaur-claimant has preferred the present appeal for enhancement. Learned counsel for the Insurance Company has submitted that in case of unmarried son, the dependency cannot be taken less than 50% of the income. He has further contended that if multiplier is enhanced, the amount of compensation shall remain the same. I have carefully considered the submissions made by both the sides and have gone through the records of the case. The income of the deceased has been taken as Rs.2400-2500/- per month. Even a labourer earns more than that amount. So, the income of the deceased is taken as that of a labourer. His income is assessed as Rs.3000/- per month. In view of the authority “Smt. Sarla Verma & ors. vs. Delhi Transport Corporation & anr.” 2009 (3) RCR (Civil) 77, the dependency can be taken as 50%. So the dependency of the claimant remains the same i.e Rs.1500/-. However, the multiplier applicable as per Sarla Verma's case (supra) should have been 14. So, the amount calculated in this manner comes to Rs.2,52,000/- (1500x12x14). The Tribunal has granted an amount of Rs.2000/- in respect of last rites of the deceased. No amount has been F.A.O NO.107 OF 2009 -3- granted for transportation of the dead body. So, another sum of Rs.8000/- stands allowed in that respect. So, in this manner the claimant is held entitle to Rs.2,62,000/- along with interest as awarded by the Tribunal from the date of filing of the application till its realisation. Disposed of. MARCH 08, 2010 (K. C. PURI) shalini JUDGE