FAO No.5540 of 2010 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.5540 of 2010 (O&M) (in MACT No.39 of 2009) Date of Decision : 21.11.2011 Smt. Sunita and others .......Appellants Versus Leela Ram and others .......Respondents CORAM:- HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. B.K. Bagri, Advocate, for the appellants. Mr. Sandeep Suri, Advocate, for respondent No.3. **** JITENDRA CHAUHAN, J. (ORAL) For the reasons stated in the CM application, the delay of 94 days in filing the appeal is condoned. CM No.24202-CII of 2010 is allowed. The claimant-appellants have come in this appeal praying for enhancement in the amount of compensation granted by the learned Motor Accident Claims Tribunal, Rewari, vide impugned Award dated 01.10.2009. Brief facts of the case in hand are that on 13.12.2008, Maya Ram, since deceased, was going from Kasola Chowk towards 1 FAO No.5540 of 2010 Bawal, on a motorcycle bearing No.RJ-32-SA-4464. When he reached in front of the Indio Nisin Company on the National Highway No.8, a Maruti Wagon-R car bearing No.HR-36-K/6935, which was being driven by respondent No.1, Leela Ram, the driver, rashly, negligently, at a high speed and in a zig-zag manner, came from the side of Dharuhera and hit against the motorcycle from behind. Resultantly, the deceased, Maya Ram fell on the road and succumbed to his injuries at the spot. The claimants-appellants, who are the widow, parents and minor brother of the deceased, preferred a claim petition before the learned Tribunal seeking compensation. The learned Tribunal, vide impugned Award, awarded an amount of `5,44,000/-. Enhancement thereof has been sought by way of the present appeal. I have heard the learned counsel for the parties and perused the record. As per the post mortem report, Ex.P1, the deceased was 23 years of age at the time of his death in the accident. The learned Tribunal, while granting compensation, applied the multiplier of 17. However, as per the law laid down by Hon’ble the Supreme Court in Smt. Sarla Verma and others Vs. Delhi Transport Corporation and another, 2009(3) RCR (Civil) 77, the correct multiplier to be applied is 18. In this view of the matter, the multiplier of 17, as applied by the learned Tribunal, is enhanced to 18 and the claimants are held entitled to another amount of `32,000/-. 2 FAO No.5540 of 2010 From the perusal of the impugned Award, it is made out that the learned Tribunal erred in not awarding any compensation to the claimants under the conventional heads, such as funeral expenses, loss of love and affection, etc. This Court feels that the ends of justice would be met in case an amount of `20,000/- is awarded to the claimants-appellants against all conventional heads. It is ordered accordingly. In view of the above, the appellants are held entitled to an amount of `52,000/- as enhanced compensation which shall be payable to them within a period of 45 days from the date of receipt of certified copy of this judgment. In case the aforesaid amount is not paid within the stipulated period, the appellants shall also be entitled to the interest @ 7.5% p.a. from the date of filing the present appeal, till its realization. The present appeal is partly allowed and the impugned Award dated 01.10.2009, passed by the learned Tribunal is modified to the extent indicated above. ( JITENDRA CHAUHAN ) 21.11.2011 JUDGE atulsethi Note: Whether to be referred to reporter ? Yes/No 3