IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.No.3485 of 2009 (O&M) Date of Decision 30.10.2009 National Insurance Company Limited ...... Appellant VERSUS Satinder Kumar Jindal and others ...... Respondents CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr.Paul S.Saini, Advocate, for the appellant. Mr.V.K.Jindal, Advocate, for respondents No.1 to 3. Mr.Inderjit Sharma, Advocate, for respondent No.4. ***** A.N.JINDAL, J(ORAL): The appellant-Insurance Company (herein referred as 'the appellant') has challenged the award dated 03.03.2009, passed by Motor Accident Claims Tribunal, Chandigarh, vide which compensation to the tune of Rs.14,00,000/- alongwith interest @ 7.5% per annum was awarded in favour of respondents No.1 to 3-claimants (herein referred as 'the claimants') and against the appellant and respondent No.4 on account of the death of Saroj Jindal in a motor vehicular accident. The main ground of challenge is that the award is exaggerated one. Heard. The deceased was admittedly working as Special Assistant in State Bank of India, Sector 31, Chandigarh, drawing salary of Rs.28,330/-. She had left three sons behind to be maintained. He was only 48 years old and with the passage of time her salary was likely to be F.A.O.No.3485 of 2009 (O&M) -2- accelerated. In such situation, the Tribunal while applying the usual deduction of 1/3rd which she used to spend upon herself, assessed the dependency towards the claimants of Rs.18,887/- per month and Rs.2,26,644/- per annum. While applying the multiplier of 10, the Tribunal awarded compensation to the tune of Rs.22,66,440/-. In addition to it a sum of Rs.21857/- on account of medical bills and Rs.5000/- on account of expenditure on funeral of the deceased were also awarded. Though the argument raised by the counsel for the appellant that the amount, which the deceased used to pay towards income tax, was not deducted, could be maintained yet, at the same time it is noticed that the Tribunal did not notice about the acceleration in the salary with the passage of time due to her time to time promotion. Therefore, the amount deducted towards income tax could be adjusted if the salary is calculated after acceleration in near future. As such, the impugned award can not be said to be exaggerated one. Dismissed. (A.N.Jindal) Judge 30.10.2009 mamta-II