FAO No.4662 of 2008 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.4662 of 2008 (O&M) in Claim Petition No.76 of 2003 Date of Decision : 16.11.2011 Smt. Savitri and others .......Appellants Versus Surender and others .......Respondents CORAM:- HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Saurabh Bajaj, Advocate, for the appellant. Mr. Aseem Aggarwal, Advocate, for the respondent-Insurance Company. **** JITENDRA CHAUHAN, J. (ORAL) CM No.24280-CII of 2008 Reply to the application seeking condonation of delay has been filed in the Court, the same is taken on record. The claimant-appellant No.1 is a poor and illiterate widow of Rajbir Singh, the deceased. The delay is attributed to their poverty and illiteracy. In view of the above, the delay of 157 days in filing the appeal is hereby condoned. The CM application No.24280-CII of 2008 is allowed. 1 FAO No.4662 of 2008 FAO No.4662 of 2008 The claimants-appellants have preferred the instant appeal seeking enhancement in the amount of compensation granted by the learned Motor Accident Claims Tribunal, Jind, vide Award dated 06.11.2007, in claim petition No.76 of 03.09.2003 on account of the death of Rajbir Singh, in a road accident which took place on 18.7.2003. Brief facts of the case in hand are that on 18.7.2003, Rajbir Singh, since deceased, was going on Motor Cycle No.HR-07- B/5591, along with one Kitab Singh from Narwana. At about 7.30 p.m., when they reached near the fields of one Subhash on Narwana- Singhwal Road, a Tata-407 bearing No.HR-37-6155, which was being driven by respondent No.1, the driver, in a rash and negligent manner, without blowing any horn or giving any dipper, came from Singhwal side and struck against the motorcycle driven by the deceased. As a result of the accident, the deceased Rajbir Singh and Kitab Singh sustained multiple and grievous injuries. After causing the accident, the driver fled away from the spot. The injured were removed to the General Hospotal, Narwana, from where they were referred to the PGIMS, Rohtak, where Rajbir Singh succumbed to the injuries on 19.7.2003. FIR No.123 dated 19.7.2003 was registered under Sections 279/337/304-A IPC, at Police Station Sadar Narwana against the respondent-driver. In this background, two claim petitions were filed before the learned Tribunal, i.e. Claim Petition No.75 of 3.9.2003 by the 2 FAO No.4662 of 2008 injured, Kitab Singh, and Claim Petition No.76 of 3.9.2003 by the dependents of the deceased, Rajbir Singh. The present appeal has been preferred by the claimants-appellants seeking enhancement of the amount awarded on account of the death of Rajbir Singh, since deceased, in claim petition No.76 of 3.9.2003. I have heard the learned counsel for the parties and perused the record. A perusal of the impugned Award would reveal that the deceased, Rajbir Singh, was 33 years of age at the time of his death in the accident. The learned Tribunal has assessed the monthly income of the deceased at `2,400/- per month, out of which, 1/3rd deduction has been applied on account of his personal expenses. The claimants- appellants are his two widows, two minor sons and widowed mother. In the peculiar facts and circumstances of the present case, especially the composition of the family, this Court feels that the ends of justice would be met if the deduction on account of personal expenses of the deceased is reduced to 1/4th. It is ordered accordingly. In this manner, the monthly contribution of the deceased towards his family comes to `1,800/- The learned Tribunal, while assessing the compensation, has applied the multiplier of 17 in the present case. The deceased was 33 years of age when he died in the accident. As per the Hon’ble Apex Court’s decision in Smt. Sarla Verma and others Vs. Delhi Transport Corporation and another, 2009(3) RCR (Civil) 77, the correct multiplier to be applied is 16. Therefore, the compensation on account of dependency comes to `3,45,600/- [` 1,800 X 12 X 16]. In 3 FAO No.4662 of 2008 addition thereto, a lump sum amount of `20,000/- is granted under all other conventional heads. The total amount payable comes to `3,65,600/-. In view of the above, the appellants are held entitled to an amount of ` 29,700/- as enhanced compensation [`3,65,600/- – ` 3,35,900/-]. The enhanced amount of compensation of `29,700/- shall be paid to the claimants-appellants within a period of 45 days from the date of receipt of certified copy of this order in the same terms as provided in the impugned Award. In case, the enhanced amount is not paid within the period stipulated above, the same shall carry interest @ 7.5% p.a. from the date of filing the present appeal, till its realization. The present appeal is partly allowed and the Award of the learned Tribunal in claim petition No.76 of 2003 is modified to the extent indicated above. ( JITENDRA CHAUHAN ) 16.11.2011 JUDGE atulsethi Note: Whether to be referred to reporter ? Yes/No 4