In the High Court of Punjab and Haryana at Chandigarh F.A.O. No. 2190 of 2009 Date of decision: July 31, 2009 Rajesh Devi and others .. Appellants Vs. Jaibir and others .. Respondents Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. Mani Ram Verma, Advocate for the appellants. A.N. Jindal, J Notice of motion. On the asking of the court, Mr. Vinod Gupta, Advocate accepts notice on behalf of the Insurance Company. Service of the remaining respondents is dispensed with. This appeal for enhancement is directed against the award dated 5.3.2009 passed by the Motor Accident Claims Tribunal, Bhiwani, awarding compensation to the tune of Rs.3,94,000/- in favour of the appellants- claimants (herein referred as 'the claimants') The factual background of the case is that on 29.5.2006, Manohar Lal along with Naresh Kumar and Babul was going to Chomba (Rajasthan) in a tata vehicle bearing registration No.HR-66-3026, driven by Sanjay, for bringing vegetables. At about 2.30 a.m. when they reached near Dev Filling Station, in the meantime, the respondent No.1-Jaibir Singh while driving his truck bearing registration No.HR-63B-1883 rashly and negligently, came from the side of Narnaul and struck against the tata vehicle, as a result of which Manohar Lal, Babul Lal and Naresh sustained multiple injuries, whereas, Sanjay died at the spot. In the claim petition, the claimants were awarded compensation to the tune of Rs.3,94,000/- against the respondents. Feeling dissatisfied, the claimants have come up in appeal for enhancement. Learned counsel has submitted that a lump sum amount of Rs.10,000/- has been awarded by the Tribunal towards transportation and last rites but nothing has been awarded towards loss of consortium etc. He F.A.O. No. 2190 of 2009 -2- *** has further urged that the deceased died at the age of 33 and Tribunal has applied the multiplier of 16, whereas, the multiplier of 17 should have been applied. Having perused the impugned award, it transpires that the deceased was 33 years old at the time of accident. The Tribunal fell in error while applying multiplier of 16, whereas, as per the judgment delivered by the Apex Court in case Sarla Verma and others vs. Delhi Transport Corporation, 2009 (3) RCR (Civil) 77, if the person dies at the age between 30 to 35, the appropriate and suitable multiplier of 17 should be applied. As such, while calculating on this parameters, the compensation amount comes to Rs.4,08,000/-. In addition to it, the claimants would also be entitled to receive compensation on the following heads :- Transportation Rs.6000/- Loss of consortium Rs.15000/- Funeral expenses & last rites Rs.5000/- Total Rs.26000/- Consequently, the appeal is partly allowed. Now the claimants would be entitled to receive compensation to the tune of Rs.50,000/- over and above the award amount which would be paid by the insurance company within 45 days from the date of receipt of the copy of the award failing which the claimants would be entitled to interest at the same rate as awarded by the Tribunal. July 31, 2009 (A.N. Jindal) deepak Judge