FAO No. 2733 of 2000 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH FAO No. 2733 of 2000 (O&M) Date of decision : 8.2.2010 ... Kamlesh Kumari and another ................Appellants vs. Gurjit Kaur and others .................Respondents Coram: Hon'ble Mr. Justice K.C. Puri Present: Sh. R.S. Pathania, Advocate for Sh. R.S.Manhas, Advocate for the appellants Sh. Vinod Gupta, Advocate for respondent No.3 – Insurance Company. ... K.C. Puri, J. (Oral) This is an appeal directed by Kamlesh Kumari- widow and Balkar Singh – son, of Kartar Chand, who died in a motor vehicular accident. The claim petition was accepted and claimants were held entitled to claim Rs.1,80,000/- alongwith interest @ 12% per annum from the date of filing of the claim petition till its realisation. The claimants have filed the present appeal for enhancement of FAO No. 2733 of 2000 -2- compensation. Since this is an appeal for enhancement of compensation, so other facts have not been depicted in the present judgment. The Tribunal has taken the income of the deceased as Rs.4,500/- per month after taking into account the monthly salary certificate of Rs.5,343/- and dependency was calculated @ Rs.3,000/- per month. The age of the deceased was 54 years and the multiplier applied by the Tribunal was 5 and in this manner, claimants were held entitled to claim Rs.1,80,000/- (3000 X 12 X 5). The multiplier applied by the Tribunal is on lower side. However, counsel for the Insurance Company has submitted that after retirement the dependency of deceased has to decrease. So, in this manner, the dependency after retirement is taken as Rs.2,000/- per months. The yearly dependency comes to Rs.24,000/-. So, far as multiplier applicable at the age of 54 is concerned, in view of authority reported as Smt. Sarla Verma and others vs. Delhi Transport Corporation and another 2009 (3) RCR (Civil) 77, it should be 11. The Tribunal has taken the multiplier as 5. Multiplier of 6 more should have been granted by the Tribunal and I order accordingly. So, the claimants are held entitled to claim Rs.1,44,000/- (24000 X 6 ) more in addition to the amount already granted by the Tribunal. The claimants are also held entitled to claim Rs.10,000/- on account of funeral expenses, loss of consortium and loss of estate. So, in this manner, the claimants are held entitled to claim Rs.1,54,000/- more in addition to the amount awarded by the Tribunal alongwith interest @ 7% per annum from the date of appeal FAO No. 2733 of 2000 -3- till its realisation. The liability of the respondents shall be the same as awarded by the Tribunal. The amount shall be paid to the widow alone i.e. appellant No.1. The appeal stands disposed of. ( K.C. Puri ) 8.2.2010 Judge chugh