In the High Court of Punjab and Haryana at Chandigarh F.A.O. No. 2412 of 2009 (O&M) Date of decision: August 21, 2009 Balbir Kaur and others .. Appellants Vs. Kashmir Singh and another .. Respondents Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. Vinay Kataria, Advocate for the appellants. A.N. Jindal, J (Oral) CM No.11797-CII of 2009 Civil Misc. application is allowed. 88 days' delay in filing the appeal is condoned. FAO No. 2412 of 2009 Notice of motion. On the asking of the court, Ms. Vandana Malhotra, Advocate accepts notice on behalf of the Insurance Company. Service of respondent No.1 is dispensed with. This appeal for enhancement is directed against the award dated 20.9.2008 passed by the Motor Accident Claims Tribunal, Patiala, whereby a sum of Rs.2,80,800/- were awarded on account of the death of Harmesh Singh Home Guard Volunteer. While seeking enhancement, it was urged that the Tribunal fell in error in applying the multiplier of 13, even when the deceased was only 33 years old. It is also contended that nothing has been awarded towards transportation, funeral expenses and loss of consortium, whereas, learned counsel for the Insurance Company has disputed the date of birth of the deceased. The claimants have furnished the date of birth of the deceased as 1.6.1965, as such, the age of the deceased on 12.10.2005 could be concluded as 40 years. F.A.O. No. 2412 of 2009 (O&M) -2- *** It has been observed the Apex Court in case Sarla Verma and others vs. Delhi Transport Corporation and another, 2009 (3) RCR (Civil) 77, that in the case of the death of the person at the age of 36-40 years, the multiplier of 15 is suitable to be applied. In any case, the learned counsel for the appellant has offered to settle the claim on payment of Rs.60,000/- over and award the award amount to which the learned counsel for the Insurance Company has agreed. As such, with the consensus of the parties, this appeal is partly allowed. Now the claimants would receive a sum of Rs.60,000/- over and above the award which would be deposited within 45 days from the date of receipt of the copy of the order failing which the respondents would be liable to pay interest on the enhanced amount at the same rate as awarded by the Tribunal. August 21, 2009 (A.N. Jindal) deepak Judge