FAO No. 1959 of 2009 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH FAO No. 1959 of 2009 (O&M) Date of decision : 19.4.2010 ... Nanhar @ Tohida and others ................Appellants vs. Sarjeet Ahmed and others .................Respondents Coram: Hon'ble Mr. Justice K.C. Puri Present: Sh. Kapil Khanna, Advocate for the appellants Sh. Vivek Singal, Advocate for respondents No. 3 and 6- Insurance company. ... K.C. Puri, J. (Oral) There is a delay of 168 days in filing the present appeal, as well as, delay of 71 days in re-filing the appeal. The same stands condoned on the grounds mentioned in the application. This is an appeal directed by widow, four minor children and father of the deceased Isar Khan, who died in a motor vehicular accident. The Tribunal accepted the claim petition and granted an amount of Rs.3,30,064/- as compensation. The Tribunal has taken the income of the deceased as Rs.2,500/- per month and 1/3rd amount was FAO No. 1959 of 2009 -2- deducted on account of personal expenses of the deceased and multiplier of 16 was applied and in this manner, the amount was calculated as Rs.3,20,064/-. Another sum of Rs.10,000/- was granted on account of last rites, loss of consortium and love and affection and in this manner, the total amount of Rs.3,30,064/- was granted to the claimants. The present appeal has been filed by the claimants for enhancement of compensation. Learned counsel for the appellants has relied upon the authority reported as Smt. Sarla Verma and others vs. Delhi Transport Corporation and another 2009(3) RCR (Civil) 77 and on the strength of the same, it is submitted that where the claimants are four or more, deduction in respect of personal expenses of the deceased should be 1/4th. He has further contended that multiplier at the age of 27, according to said authority is 17. The prayer has not been opposed. Otherwise also, in view of Smt. Sarla Verma's case (Supra), the deduction should be 1/4th in respect of personal expenses of the deceased and multiplier at the age of 27 should be 17. So, in this manner, the monthly dependency comes to Rs.1,875/- per month and the yearly dependency comes to Rs.22,500/- per year. By applying the multiplier of 17, the amount is calculated as Rs.3,82,500/-. Another sum of Rs.10,000/- has been allowed by the Tribunal on account of last rites, loss of consortium and love and affection. So, by adding that amount, the claimants are held entitled to claim Rs.3,92,500/-. The amount of compensation FAO No. 1959 of 2009 -3- stands enhanced by Rs.62,436/-. Out of the enhanced amount, Rs.50,000/- shall be paid to the widow and the remaining amount shall be paid to the remaining claimants in equal share. The share of the minors shall be deposited in the shape of FDR in such a manner that it shall earn maximum rate of interest. The enhanced amount shall also carry interest @ 7% per annum from the date of appeal till payment. The liability to pay the enhanced amount shall be the same as held by the Tribunal. The appeal stands disposed of. ( K.C. Puri ) 19.4.2010 Judge chugh