IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.No.3030 of 2008 (O&M) Date of Decision 14.10.2009 Smt.Veena @ Asha and others ...... Appellants VERSUS Harpal Singh and others ...... Respondents CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr.Ashish Aggarwal, Advocate,for Mr.Ajit Atri, Advocate, for the appellants. Mr.NareshKaushal, Advocate, for respondents No.1 and 2. Ms.Nupur Singh, Advocate, for Mr.Ashwani Talwar, Advocate, for respondent No.3-Insurance company. ***** A.N.JINDAL, J(ORAL): This appeal for enhancement is directed against the award dated 28.03.2008, passed by Motor Accident Claims Tribunal, Karnal, (herein referred as 'the Tribunal') awarding compensation to the tune of Rs.2,07,000/- alongwith interest @ 7.5% per annum in favour of the appellants-claimants (herein referred as 'the claimants') and against the respondents, on account of the death of Harish Chand, aged about 57 years, in a motor vehicular accident. Neither the negligence nor the liability to pay the compensation has been challenged by the respondent yet the claimants have sought enhancement of compensation on two grounds. Firstly, the deceased left behind his widow and five children out of them four are minors. Therefore, the Tribunal fell in error in making deduction of 1/3rd instead of 1/4th on account of his own dependency. Secondly, the Tribunal did not apply the appropriate multiplier in the instant case. Heard. As regards the first contention, there is no denying fact F.A.O.No.3030 of 2008 (O&M) -2- that the deceased left behind 6 dependents. Therefore, due to the enlargement of the family, the contribution towards himself would have reduced. Similar observations were made by the Apex Court in case Smt.Sarla Verma and others appellants vs. Delhi Transport Corporation and another respondents 2009 (3) RCR (Civil) 77 wherein it was observed that in case the number of dependents is 4 or more than 4, then the dependency of the deceased should be 1/4th . As regards the second contention, it was observed in Sarla Verma's Case (Supra ) that in case a person dies at the age of 57 then the multiplier of 9 should be applied. Thus, without disturbing the income of the deceased, as assessed by the Tribunal, @ Rs.3000/- per month and after deducting 1/4th towards his own dependency, it comes to Rs.2250/- per month and Rs.27,000/- per annum. While applying the multiplier of 9 in this case, the compensation payable to the claimants comes to Rs.2,43,000/-. In addition to it, the Tribunal has already awarded Rs.10,000/- towards funeral and transportation expenses and Rs.5,000/- on account of loss of consortium which also remain undisturbed. Resultantly, this appeal is partly accepted and the impugned award is modified by enhancing compensation of Rs.51,000/- over and above the award amount. However, the claimants would also be entitled to receive interest on the enhanced amount at the same rate as awarded by the Tribunal. The remaining terms of the award passed by the Tribunal shall remain intact. No order as to costs. (A.N.Jindal) Judge 14.10.2009 mamta-II