IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.No.2182 of 2009 (O&M) Date of Decision 13.08.2009 Kulbir Kaur and others ......Appellants VERSUS Ram Kumar and others ......Respondents CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Ms.Ranjana Salaria, Advocate, for the appellants Mr.Ravinder Arora, Advocate, for respondent No.3-Insurance Company. ***** A.N.JINDAL, J(ORAL): This appeal for enhancement is directed against the award dated 03.12.2008, passed by Motor Accident Claims Tribunal (Adhoc), Fast Track Court, Gurdaspur, awarding a sum of Rs.3,84,000/- alongwith interest @ 6% per annum as compensation in favour of the claimants-appellants (herein referred as 'the appellants) being the widow, children and parents, on the death of Kashmir Singh age 23 years, in a motor vehicle accident and against the respondents. The respondents have neither challenged the negligence of the driver nor the liability to pay the compensation. However, enhancement has been sought on the grounds that the deceased was 23 years old skilled carpenter and left behind him, his widow, three minor children and parents, as such though there were five dependents upon the deceased Kashmir Singh yet usual 1/3rd was deducted on account of his own dependency whereas 1/4th should have been deducted. Heard. It has been observed by the Apex Court in case Smt.Sarla Verma and others appellants vs. Delhi Transport Corporation and another respondents 2009 (3) RCR (Civil) 77 that in F.A.O.No.2182 of 2009 -2- case the number of dependents is 4 to 6 then the deduction towards his own dependency should be 1/4th, therefore, the Tribunal should have made the deduction of 1/4th towards his own dependency. The Tribunal also fell in error while applying the multiplier of 16 whereas in Sarla Verma's Case (supra) multiplier of 18 should have been applied in case of the age of the deceased was between the age of 15 to 25 at the time of accident. While applying the aforesaid parameters, the compensation awarded by the Tribunal appears to be inadequate in as much as the Tribunal also did not pay anything on account of transportation, funeral, consortium, love & affection and last rites. As such, while assessing the income of the deceased as Rs.3,000/-, after deducting 1/4th towards his own dependency, the net dependency towards the appellants comes to Rs.2250/- per month and Rs.27,000/- per annum. While applying a multiplier of 18, it comes to Rs.4,86,000/- . In addition to it, Rs.20,000/- are paid to the claimants on account of consortium, funeral expenses, love & affection and transportation. Resultantly, this appeal is partly accepted and the impugned award is modified by enhancing compensation of Rs.1,22,000/- over and above the award amount. However, the appellants would also be entitled to receive the interest on the enhanced amount in the same terms as awarded by the Tribunal. However, the remaining terms of the award passed by the Tribunal shall remain intact. (A.N.Jindal) Judge 13.08.2009 mamta-II