FAO No.6720 of 2010 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.6720 of 2010 Date of Decision : 05.12.2011 Manjit Kaur and others .......Appellants Versus State of Punjab and others .......Respondents CORAM:- HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Jagram Singh Cooner, Advocate, for the appellants. Mr. Mehardeep Singh, DAG, Punjab, for respondent Nos.1 and 2. None for respondent No.3. **** JITENDRA CHAUHAN, J. (ORAL) The claimant-appellants, who are the daughters of the deceased, Kulwant Kaur, their widowed mother, who lost her life in the accident which took place on 1.1.2008, have preferred the present appeal, seeking enhancement of the amount of compensation awarded by the learned Motor Accident Claims Tribunal, Amritsar, vide its impugned Award dated 23.11.2009. Brief facts of the case in hand are that on the ill-fated day, Kulwant Kaur, the deceased, was going to Village Takhu Chak, Tehsil 1 FAO No.6720 of 2010 Patti, District Tarn Taran, on a motorcycle bearing No.PB-02-AB- 6041, being driven by Gurpreet Singh. Shamsher Singh, aged 6 years, was pillion. Darbara Singh was following them on his scooter No.PB- 46-6897. At about 3.30 p.m., when they reached near the T-point Jodhpur on Tarn Taran to Sarhali Road, a Punjab Roadways bus bearing No.PB-12C-9562, being driven by respondent No.3, rashly and negligently, came from the opposite side and hit against the motorcycle of Gurpreet Singh, by coming on the wrong side of the road. As a result of the accident, all the occupants of the motorcycle fell down and suffered injuries. The injured were removed to the Civil Hospital, Tarn Taran, where Kulwant Kaur succumbed to her injuries. FIR No.13 dated 10.01.2008 under Sections 304-A, 279, 337, 338, 427 IPC was registered against the respondent-driver. In this background, the claimant-appellants preferred the claim petition before the learned Tribunal seeking compensation on account of the death of Kulwant Kaur in the accident. The learned Tribunal assessed the income of the deceased at `3,000/- and awarded an amount of `4,00,000/- as compensation. Enhancement thereof has been sought by way of the present appeal. I have heard the learned counsel for the parties and perused the record. Admittedly, the deceased, Kulwant Kaur, was a household lady. As per the post mortem report, Ex.P2, the age of the deceased was 45 years. The claimants are her five daughters. The learned Tribunal, while awarding compensation, has assessed the value of the services rendered by the deceased to her family at 2 FAO No.6720 of 2010 `3,000/-. However, the learned Tribunal grossly fell into error by deducting 1/3rd on account of the personal expenses incurred by the deceased. The amount of `3,000/- has been assessed as the monthly value of her services to the family and not her monthly income, therefore, the concept of deduction cannot be applied in the instant case. The learned Tribunal further erred in applying the multiplier of 15. The deceased was 45 years of age at the time of her death in the accident. As per the law laid down by Hon’ble the Supreme Court in Smt. Sarla Verma and others Vs. Delhi Transport Corporation and another, 2009(3) RCR (Civil) 77, the deceased being in the age group of 41 to 45 years, thus, the correct multiplier to be applied in the instant case is 14. In view of the discussion made above, the compensation on account of ‘dependency’ comes to `5,04,000/- (`3,000/- X 12 X 14) as against the amount of `3,60,000/- awarded by the learned Tribunal. The compensation granted under all the other heads seems just and appropriate. Resultantly, the claimant-appellants are held entitled to an amount of `1,44,000/- as enhanced compensation, which shall be payable to them within a period of 45 days from the date of receipt of a certified copy of this judgment, failing which, they shall also be entitled to the interest @ 7.5% p.a. from the date of filing the present appeal, till its realization. The present appeal is partly allowed and the impugned Award dated 23.11.2009, is modified to the extent indicated above. 3 FAO No.6720 of 2010 ( JITENDRA CHAUHAN ) 05.12.2011 JUDGE atulsethi Note: Whether to be referred to reporter ? Yes/No 4