IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 590 of 1991 Date of decision: 18th November, 2008 Rati Nath … Appellant Versus Kishore Kumar and others … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: None for the appellant. Mr. S.P. Sharma, Deputy Manager (Legal), Oriental Insurance Co. Ltd. for respondent No.3. KANWALJIT SINGH AHLUWALIA, J. (ORAL) In the present case, an accident had taken place on 19th June, 1989 on the crossing of Sector 47-46, Chandigarh. An FIR to this effect, bearing No.121 of 1989 was registered at Police Station South, Chandigarh. Ishwar Nath died during the accident. He was driving a Scooter bearing No.DBQ-3463 and was going towards Sector 32. Accident took place on 19th June, 1989 at 5.45 p.m. A Truck bearing No.PAT-9501 was driven rashly and negligently and without blowing horn. Right front wheel of the Truck hit the Scooter, due to which Ishwar Nath received multiple injuries and died at the spot. His autopsy was conducted and he was declared dead at PGI. Claim petition was filed by his father Rati Nath claiming Rs.2.00 lacs as compensation. Compensation of Rs.2.00 lacs was sought regarding death of Ishwar Nath, who was aged 20 years and according to FAO No.590 of 1991 the claimant, he was earning Rs.700/- per month. He was stated to be working in the Sharma Dairy, Sector 46, Chandigarh. It was also stated that Rs.5000/- was spent on cremation and other connected religious ceremonies. Since it was pleaded that the deceased was earning Rs.700/- per month, same was accepted and it was held that deceased was unmarried, therefore Rs.300/- can be excluded. Rs.400/- was determined as dependency. The Motor Accident Claims Tribunal had granted Rs.48,000/- as compensation but had awarded no amount regarding expenses of cremation and other connected religious ceremonies. The deceased was 20 years old. He was expected to spent Rs.300/- on himself and Rs.400/- will be the dependency of the family and it has been justifiably arrived at by the Tribunal. Therefore, dependency of the family comes to Rs.48,000/- per annum. Since, he was aged 20 years, multiplier of 17 will be justifiable. Hence, 4800 x 17 = 81,600/- is arrived as compensation, which is to be paid to the claimant. This order has been passed in the presence of Mr.S.P. Sharma, Deputy Manager (Legal), Oriental Insurance Co. Ltd. He has stated that the method adopted and calculation done is just and acceptable to the Insurance Company. Mr.Sharma has further stated that he is agreeable to the enhancement on the ground that instead of awarding the interest @ 6 percent from the date of institution of claim petition, a lumpsum amount of interest amounting to Rs.20,000/- be awarded. Since the Tribunal had awarded Rs.48,000/- along with 12 percent interest, the amount of compensation has been assessed to be Rs.81,600/-, therefore, minus Rs.48,000/- already paid along with interest, family of the deceased will be entitled to Rs.33,600/- along with lumpsum interest of Rs.20,000/-. 2 FAO No.590 of 1991 In view of explanation given by Mr.Sharma, present appeal is disposed off. Claimant is held entitled to Rs.33,600/- enhancement towards compensation and Rs.20,000/- as lumpsum interest, thus total of Rs.53,600/-. [KANWALJIT SINGH AHLUWALIA] JUDGE November 18, 2008 rps 3