F.A.O NO. 3814 OF 2008 (O & M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O NO. 3814 OF 2008 (O & M) DECIDED ON : 15.03.2010 Mohini Devi ...Appellant versus Satpal and others ...Respondents CORAM : HON'BLE MR. JUSTICE K. C. PURI Present : Mr. S. S. Walia, Advocate, for the appellant. Mr. V. Chaudhary, Advocate, for the respondent-Insurance Company. K. C. PURI, J. (ORAL) C.M No. 21358-CII of 2008 For the reasons mentioned in the application, the delay of 38 days in filing the appeal stands condoned. C.M stands disposed of. MAIN CASE This is an appeal directed by mother claiming compensation on account of death of Banwari Lal in a motor vehicular accident. The learned Tribunal assessed the income of deceased as Rs.2000/3000-00 per month and the dependency was calculated as Rs.700/- per month and the yearly dependency was taken as Rs.8400/-. The multiplier applied by the Tribunal was F.A.O NO. 3814 OF 2008 (O & M) -2- 10. In this manner, the appellant was entitled to claim Rs.84,000/- (8400 x 10). Feeling dissatisfied with the above said award, the mother has preferred the present appeal. The deceased was a shopkeeper according to the Tribunal and his income has been taken as Rs.2000/3000-00 per month. Exact figure has not been taken. Since it is a welfare legislation, so the income of deceased is taken as Rs.3000/- per month. In view of authority “Smt. Sarla Verma & ors. vs. Delhi Transport Corporation & anr.” 2009 (3) RCR (Civil) 77. The dependency of the appellant is taken as Rs.1500/- per month and the yearly dependency is calculated as Rs.18,000/- (1500 x 12). The multiplier as per Sarla Verma's case (supra), is 11. So, the total amount calculated, in this manner, comes to Rs.1,98,000/-. The Tribunal has not allowed any amount on account of funeral expenses etc. So, another sum of Rs.7000/- stands allowed on account of funeral expenses etc. So, the claimant is held entitle to Rs.2,05,000/-. The enhanced amount of Rs.1,21,000/- shall carry interest @ 7 % per annum from the date of filing of appeal till its realisation. The liability to pay the amount shall remain the same as awarded by the Tribunal. Disposed of. MARCH 15, 2010 (K. C. PURI) shalini JUDGE F.A.O NO. 3814 OF 2008 (O & M) -3-