F.A.O NO. 686 OF 1986 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O NO. 686 OF 1986 DECIDED ON : 15.03.2010 Rajinder Kaur and others ...Appellants versus General Manager and others ...Respondents CORAM : HON'BLE MR. JUSTICE K. C. PURI Present : None for the appellants. Mr. Sudhir Nehra, Additional AG, Punjab. Mr. Neeraj Khanna, Advocate, for the Insurance Company. K. C. PURI, J. (ORAL) This is an appeal directed by Rajinder Kaur-widow, Maninder Kaur, Tarvinder Kaur and Rupinder Kaur daughters and Charan Kamal-son of deceased Chattar Singh, on account of death of Chattar Singh in a motor vehicular accident. The Tribunal took the earning capacity of the deceased as Rs.600/- per month and it was held that he was spending Rs.300/- per month for maintaining himself. The yearly dependency was calculated as Rs.3600/-. The multiplier applied by the Tribunal was 15. So, in this manner, an amount of Rs.54,000/- was calculated. Thereafter, the matter was sent to the Lok Adalat. The earning of the deceased was taken as F.A.O NO. 686 OF 1986 -2- Rs.1200/- per month and after deducting 1/3rd on account of his personal expenses, the yearly dependency was calculated as Rs.10,000/-. By applying the multiplier of 16, the amount of compensation was worked out as Rs.1,60,000/- i.e over and above the amount. Another sum of Rs.7000/- was awarded on account of loss of consortium, funeral expenses etc. So, in this manner, a sum of Rs.1,67,000/- was awarded. The Insurance company raised the dispute that Lok Adalat cannot decide the case on merits. On that account, the present appeal has came up for hearing before this Court. 50% share has been stated to be paid by respondents No.1 and 2. However, the Insurance Company has disputed the liability. Learned counsel for the appellants has submitted that the deceased was working as Supervisor with M/S Tapurian Co- operative Labour and Construction Society Ltd., Ropar and his income from agriculture was Rs.1000/- per month. The learned Tribunal has observed if the minimum wages is taken into consideration, in that case also the income should be Rs.1200/- per month. So, the income of deceased is taken as Rs.1200/- per month. In this case the claimants are five in number. So cut in respect of personal expenses should be 1/4th in view of authority “Smt. Sarla Verma & ors. vs. Delhi Transport Corporation & anr.” 2009 (3) RCR (Civil) 77. So, the dependency is taken as F.A.O NO. 686 OF 1986 -3- Rs.10,800/- The multiplier applicable at the age of 45, as per Sarla Verma's case (supra) in the age group of 41-45, is 14. So, the amount calculated in this manner comes to Rs.1,51,200/- (10800 x 14). Another sum of Rs.9500/- stands allowed on account of loss of estate, loss of consortium and funeral expenses. In this manner, the total amount comes to Rs.1,60,700/-. The enhanced amount of Rs.1,06,700/- shall carry interest @ 12 % per annum from the date of filing the appeal i.e 11.01.1984 till its payment. The Insurance Company shall pay one half of the amount as awarded by learned Tribunal along with interest. Disposed of. MARCH 15, 2010 (K. C. PURI) shalini JUDGE