FAO No.4289 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.4289 of 2010 Date of decision:13.12.2011 Jummi and others ....Appellants Versus Sajjan Singh and others ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Pawan Malik, Advocate for the appellants. Mr.Ashwani Talwar, Advocate for respondent No.3. ***** Jitendra Chauhan, J.(Oral) The present appeal has been filed by the claimants-appellants, seeking enhancement of the compensation amount awarded by the learned Motor Accident Claims Tribunal, Fast Track Court, Nuh at Mewat, (for short 'the Tribunal') vide award dated 9.3.2010, on account of death of Alim, in a motor vehicular accident on 31.5.2008. Learned counsel for the appellants contends that the deceased being a driver, had been earning more then `7000/- per month. However, the learned Tribunal assessed his income at `41,00/- p.m. He further contends that the deceased was 38 years of age. In view of the Second Scheduled appended to the Motor Vehicles Act, multiplier of 16 instead of FAO No.4289 of 2010 2 15 should have been applied. He further contends that deceased had been supporting a big family, having eight dependents, including the old parents. Therefore, the deduction made is unwarranted On the other hand, learned counsel for the respondent- Insurance Company contends that there is no scope for any further enhancement and has prayed for dismissal of the present appeal. I have heard learned counsel for the parties and perused the record carefully. It is admitted that the Alim, husband of appellant No.1, expired on 1.6.2008 on account of a motor vehicular accident. The deceased was 38 years of age at the time of accident. Therefore, in view of Schedule appended to the Act, the multiplier of 16 should have been applied. Ordered accordingly. The deceased was the only bread earner in the family. The untimely death of Alim, must have caused a great shock to the family. The claimants come from the poorest strata of the society. The claimant-wife is an illiterate and all the children are minor. Therefore, keeping in view the same, this Court is inclined to increase the dependency from 4/5th to 5/6th as per the Second Schedule. The amount awarded under the conventional heads is just and proper. Accordingly, the total compensation comes to ` 6,76,000/- (4100 (monthly income) x 5/6th (dependency) x 12 x 16 (multiplier) + 20000 ( already awarded towards conventional heads). The balance amount i.e. `65,600/- (6,76,000- 6,10,400( already awarded by the learned Tribunal) shall be paid to the appellants, in the manner indicated in the impugned award, within 45 days from the date of the receipt of the certified copy of FAO No.4289 of 2010 3 the judgment, failing which, the same shall carry interest @ 7.5% per annum from the date of filing of the appeal, till its realisation. In view of above, the present appeal is partly allowed with the modification indicated above. 13.12.2011 (JITENDRA CHAUHAN) gsv JUDGE