F.A.O NO. 3750 OF 2001 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O NO. 3750 OF 2001 DECIDED ON : 15.03.2010 Harwinder Kaur and others ...Appellants versus Mukesh and ors. ...Respondents CORAM : HON'BLE MR. JUSTICE K. C. PURI Present : Mr. Dinesh Nagar, Advocate, for the appellants. Mr. Sudhir Nehra, Additional AG, Punjab. Mr. Rahul Garg, Advocate for Mr. Ashwani Talwar, Advocate, for respondent No.3. K. C. PURI, J. (ORAL) This is an appeal directed by Harwinder Kaur-widow, Jugpreet Singh-minor son and Prabhjit Kaur-minor daughter of deceased Jasbir Singh claiming compensation on account of death of Jasbir Singh in a motor vehicular accident. The Tribunal assessed the income of the deceased as Rs.3600/- per month. 1/3rd amount was deducted on account of personal expenses incurred by the deceased for his maintenance. The monthly dependency was calculated as Rs.2400/- per month. The age of the deceased was taken as 34 years and the multiplier applied by the Tribunal was 14. So, in this manner, a sum of F.A.O NO. 3750 OF 2001 -2- Rs.3,36,000/- (24000 x 14) was awarded to the claimants. Another sum of Rs.2000/- was granted towards funeral expenses, So, in this manner, an amount of Rs.3,38,000/- was granted to the claimants. The liability to pay the amount was held to be 50% that of PRTC and 50% that of New India Assurance Company of truck No.HR-51-GA-1204 (hereinafter referred to as 'offending truck'). Learned counsel for the appellants has submitted that the income of the deceased has been taken on lower side. The deceased was working as Accountant with number of firms and his income from all the sources was more than Rs.12,000/- per month. He was contributing Rs.8000/- to the claimants. The learned Tribunal, after taking into account that taxable income in the year 1998 was Rs.50,000/- and no Income Tax Return has been placed on the file, assessed the income of claimant as Rs.3600/- per month. Regarding testimony of Dr. Jasbir Kanwar (AW-2), Rajinder Kumar (AW-3) and Dr. Rachhpal Singh (AW-14), the Tribunal has held that no supporting receipts have been placed on file. So, the income of the deceased has been rightly taken as Rs.3600/- per month and the same does not call for any interference. However, the age of deceased has been taken as 34 years. In view of authority “Smt. Sarla Verma & ors. vs. Delhi Transport Corporation & anr.” 2009 (3) RCR (Civil) 77, the multiplier in the age group of 31-35 should be 16. So, the F.A.O NO. 3750 OF 2001 -3- multiplier stands enhanced to 16. So, in this manner, Rs.4,60,800/- (28,800 x 16) stands allowed to the claimants. Another sum of Rs.2000/- has been granted on account of funeral expenses but no amount has been granted in respect of loss of consortium and loss of estate. Another sum of Rs.7500/- stands allowed on account of loss of estate and loss of consortium. So, in this manner, the claimants are held entitle to claim Rs.4,70,300/-. The enhanced amount of Rs.1,32,300/- shall carry interest @ 7% per annum from the date of filing of the appeal till its realisation. Out of the enhanced amount, a sum of Rs.80,000/- shall be paid to the widow alone in cash and the remaining amount shall be deposited in the shape of FDR. In case the minors have attained the age of majority, the amount shall be paid to them in cash. The liability to pay the amount shall remain the same as ordered by the Tribunal. Disposed of. MARCH 15, 2010 (K. C. PURI) shalini JUDGE