FAO No.2834 of 2004 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No.20893-CII of 2011 in FAO No.2834 of 2004 (in MACT Case No.156 of 2002) Date of Decision : 25.11.2011 Rita Devi and another .......Appellants Versus Mahabir Singh and others .......Respondents CORAM:- HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Sanjeev Gupta , Advocate, for the appellant. Mr. Vinod Gupta, Advocate, for respondent No.3. **** JITENDRA CHAUHAN, J. (ORAL) CM No.20893-CII of 2011 For the reasons mentioned in the CM application, the same is allowed. The main case is taken up for hearing today with the consent of learned counsel for the parties. Main case The claimants-appellants have preferred this appeal seeking enhancement in the amount of compensation granted by the learned Motor Accident Claims Tribunal, Karnal, vide impugned Award dated 7.4.2004. 1 FAO No.2834 of 2004 Brief facts leading to the filing the present appeal are that on 14.10.2002, the deceased, Rakesh Kumar, was going on his motor cycle bearing registration No.HR-05K-7927 from Village Ratta to Kharak Pandav. When he reached near the fields of Roshan Lal in Village Kharak Pandav, a TATA-407 truck bearing registration No.HR-46-5265, being driven by the driver, Mahabir Singh, respondent No.1, in a rash and negligent manner, came from the side of Village Kalayat and struck the motorcycle. The deceased Rakesh Kumar along with the motor cycle was dragged by the truck upto a considerable distance. Due to the injuries sustained in the said accident, Rakesh Kumar died on the way to Kaithal Hospital. A criminal case i.e. Ex.P3 was registered against the driver on the statement of one Anil Kumar, the eye-witness. In this background, the claimant-appellants preferred the claim petition seeking compensation on account of the death of their son. The learned Tribunal awarded a sum of `5,70,000/- as compensation. Hence, the present appeal for enhancement of compensation. I have heard the learned counsel for the parties and perused the record. It has come on the record that the deceased was 23 years of age at the time of his death in the accident. As per the 2 FAO No.2834 of 2004 matriculation certificate, Ex.P8, his date of birth is 1.7.1979. He was serving with the Indian Army and drawing a salary of `6,594/- (Rounded of to `6,600/-) as is apparent from the statement of account, Ex.P4. In Smt. Sarla Verma and others Vs. Delhi Transport Corporation and another, 2009(3) RCR (Civil) 77, Hon’ble the Apex Court has held that where the deceased was a permanent Government servant and below the age of 40 years, an addition of 50% of the salary has to be made on account of future prospects. In this view of the matter, the monthly income of the deceased comes to `9,891/- (Say `9,900/-). After deducting 1/3 on account of his personal expenses, the monthly contribution comes to `6,600/-. The deceased was in the age group of 15 to 25 years. Therefore, in view of the law laid down in Sarla Verma’s case (supra), the multiplier of 18 should be applied in the present case. Accordingly, the compensation on account of dependency comes to `14,25,600/- (`6,600/- X 12 X 18). Another amount of `20,000/- is granted under the ‘conventional heads’. In view of the above, the total amount of compensation comes to `14,45,600/- and the claimants-appellants are held entitled to an amount of `9,75,600/- as enhanced compensation. In case, the said amount of enhanced compensation is not paid within a period of one month from the date of receipt of 3 FAO No.2834 of 2004 certified copy of this judgment, the appellants shall also be entitled to the interest at the rate prescribed by the learned Tribunal, from the date of filing the present appeal, till its realization. The present appeal is partly allowed and the Award of the learned Tribunal is modified to the extent indicated above. ( JITENDRA CHAUHAN ) 25.11.2011 JUDGE atulsethi Note: Whether to be referred to reporter ? Yes/No 4