F.A.O No. 779 of 1989 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O No. 779 of 1989 Decided On : 22.02.2010 The New India Assurance Co. and others ...Appellants versus Kamlesh Rani and others ...Respondents CORAM : HON'BLE MR. JUSTICE K. C. PURI Present : Mr. L. M. Suri, Senior Advocate with Mr. Neeraj Khanna, Advocate, for the appellants. K. C. PURI, J. (ORAL) Sant Ram and Surta Ram have preferred the present appeal against the award dated 08.03.1989 passed by Motor Accident Claims Tribunal, Ambala, vide which the claim petition, preferred by the widow, minor son and daughter, has been accepted and an amount of Rs.2,67,192/- has been allowed to the claimants along with respondent-Gian Devi. The Tribunal has taken the income of deceased Kuldip Parkash as Rs.1856/-, as per salary certificate, as the deceased was working as Road Inspector. The Tribunal deducted 1/3rd amount on account of personal expenses incurred by the F.A.O No. 779 of 1989 -2- deceased for his maintenance. So, the monthly dependency has been calculated as Rs.1237/- and the yearly dependency was calculated as Rs.14,844/-. The age of the deceased was 45 years at the time of accident, as assessed by the Tribunal. The multiplier applied by the Tribunal was 18 and in this manner, the amount of Rs.2,67,192/- was allowed. The only point raised before this Court by learned counsel for the appellants is that the multiplier of 18 is on higher side. He has relied upon the authority “Smt. Sarla Verma & ors. vs. Delhi Transport Corporation & anr.” 2009 (3) RCR (Civil) 77. On the strength of the same, it is argued that the multiplier, at the most, can be 14 in the age group of 41-45. The said authority has been relied upon by learned counsel for the appellants for decreasing the amount of compensation. That authority has to be applied in toto and not in piecemeal. In that authority, it has been held that where the deceased is government employee in that case 30% should be added in the income on account of future prospects of deceased. It has been further held in that authority that if the dependents are 4 to 6, in that case, deduction in respect of personal expenses of deceased for his maintenance should be 1/4th . If the amount is calculated by taking that formula in the present case, that shall be more than the amount awarded by the Tribunal. The admitted income of the deceased is Rs.1856/-. If 30% of the same is added in view of the said authority, as the deceased was F.A.O No. 779 of 1989 -3- admittedly a government employee, in that case, the amount would be Rs.2424/- (1856+618). In case the dependency is calculated after deducting 1/4th amount, in that case the amount comes to Rs.1816/- per month and the yearly dependency comes to Rs.21,792/- (1816 X 12) and by applying the multiplier of 14, the amount of compensation is calculated as Rs.3,05,088/- (21792 X 14). The Tribunal has awarded an amount of Rs.2,67,192/-. So, in this manner, the appeal is without any merit and the same stands dismissed. FEBRUARY 22, 2010 (K. C. PURI) shalini JUDGE