FAO No.2195 of 2011 -1- IN THE HIGH COURT OF PUNJAB & HARYANA HIGH COURT AT CHANDIGARH FAO No.2195 of 2011 Date of Decision: 08.11.2011 New India Assurance Company Ltd. ....Appellant Versus Smt. Mohinder Kaur W/o Davinder Singh & others ....Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Jagjit Singh, Advocate, for Mr. Ashwani Talwar, Advocate for the appellant, Mr.B. S. Dhillon, Advocate, for Mr.Ajit Sahg, Advocate, for respondent No. 1. ***** JITENDRA CHAUHAN J. (ORAL) The instant appeal has been filed by the Insurance Company- appellant against the award dated 15.12.2010, passed by the Motor Accident Claims Tribunal, Ropar, (for short 'MACT'), seeking reduction of quantum of compensation. As per the assertion of the claimant the deceased had been working as Security Guard, and was earning Rs. 200/- per day, for which there is sufficient evidence on record. However, the dependency of the deceased has been wrongly assessed by the Tribunal. The claimants are old parents of the deceased who were totally dependant on the income of the deceased. Keeping in view the age of the deceased and in accordance with law laid down by the Hon'ble Supreme Court in “Sarla Verma Vs. DTC, (2009) 6 SCC 121” the dependency should have been assessed as 50% of the salary instead of 2/3rd. Ordered accordingly. The applied multiplier of 13 is just and reasonable. Thus, the total dependency after FAO No.2195 of 2011 -2- deduction of 50% out of the assessed salary of Rs. 5000/- (after multiplying it by 13) comes to Rs.3,90,000/-. The learned Tribunal awarded Rs. 2000/- as funeral expenses. The total compensation to which the respondents 1 and 2-claimants are entitled comes to Rs. 3,92,000/-. The learned Tribunal awarded compensation of Rs. 5,22,000/-. So, the difference of amount comes to Rs. 1,30,000/- which is deducted from the award accordingly. The award of the Tribunal is modified to the extent as indicated above. The appeal is partly allowed. However, if on calculation, the deduction to the extent of amount already paid comes to less than Rs.3,50,000/- the same shall not be recovered from the claimants. However, the statutory amount deposited with the appeal be remitted back to the Tribunal. 08.11.2011 (JITENDRA CHAUHAN) tarunsahni JUDGE Note : Whether to be referred to Reporter ? Yes / No