IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. FAO No.4757/2008(O&M) Date of Decision: 29.5.2009. Smt.Kiran Kaur and another ..........Appellants Versus Kuldeep Singh and others ..........Respondent CORAM: HON'BLE MR.JUSTICE JASWANT SINGH. Present: Mr.AK Walia,Advocate for the appellants. None for respondents 1 and 2. Mr.RC Kapoor,Advocate for respondent no.3-Insurance Company. JASWANT SINGH,J(Oral). CM No.24763-CII/2008. Heard learned counsel for the parties. For the reasons stated in the application, delay of 119 days in filing the appeal is condoned. FAO No.4757/2008. This is claimants' appeal for enhancement of compensation, who, in a claim petition under Section 166 of the Motor Vehicles Act,1988 (hereinafter referred to as the Act) were granted a compensation of Rs.5,61,400/- alongwith interest @ 9% p.a., from the date of filing of the claim petition till its realisation, on account of death of one Kirpal Singh in a motor vehicular accident that took place on the night intervening 22/23.6.2006 at about 3.30 a.m. Respondents 1,2 and 3 being the owner, driver and insurer of the offending vehicle were jointly and severally held liable to pay the said FAO No.4757/2008(O&M) 2 compensation amount. The sole argument raised by the learned counsel for the appellants is that the deceased at the time of his death being 57 years of age, the learned Tribunal instead of 7 should have applied the multiplier of 8 while assessing the compensation, as provided in Second Schedule appended to the Act. However, keeping in view the true spirit of the settlement of disputes in such like cases, he restricts his claims to a lump sum amount of Rs.50,000/- towards full and final settlement of the claim. Keeping in view the fact that multiplier of 8 is provided in the Second Schedule appended to the Act in respect of victim aged 57 years of age and further considering the just, fair and reasonable offer for settlement made on behalf of the appellants, the learned counsel for the respondent no.3- Insurance Company graciously accepted the offer of full and final settlement. In view of the aforesaid agreed stand between the learned counsel for the parties, this appeal is allowed and the claimants-appellants are held entitled to another lump sum amount of Rs.50,000/- towards the full and final settlement of their claim. The aforesaid enhanced amount of Rs.50,000/- shall be apportioned between the two claimants in the same manner as determined by the learned Tribunal. Disposed of in view & terms of the aforestated settlement. 29.5.2009. (Jaswant Singh) joshi Judge