IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA FAO(MVA) No.301 of 2005 Decided on: 24.12.2009 Sh.Sameer Vijay Singh Parmar & ors. …..Appellant. VERSUS The Managing Director, Pepsu RTC, Patiala & ors. …..Respondents. Coram The Hon’ble Mr. Justice Deepak Gupta, Judge. Whether approved for reporting?1 No For the Appellants: Mr.G.R.Palsra, Advocate. For the Respondents: Sh.Ajay Sharma, Advocate, for respondents No.1 and 2. Ms.Sunita Sharma, Advocate for respondent No.4. Deepak Gupta,Judge (Oral) This appeal under Section 173 of the Motor Vehicles Act (hereinafter referred to as the ‘Act’) has been filed by the claimants claiming enhancement of compensation. 1 Whether the reporters of the local papers may be allowed to see the Judgment?Yes …2… Briefly stated the facts of the case are that the deceased Captain Salig Ram Parmar died in an accident involving bus No.PB-II-K-8524 at Ropri, Tehsil Sundernagar, District Mandi. The deceased was on a scooter and was hit by the bus in question. The claimants who are the son, daughters and widow of late Sh.Salig Ram Parmar filed a claim petition for grant of compensation under Section 166 of the Act. The Motor Accident Claims Tribunal, Mandi came to the conclusion that the income of the deceased from pension was Rs.5309/- per month. It assessed the dependency at Rs.3300/- per month. By applying multiplier of 6, it assessed the loss of dependency at Rs.2,37,600/-. The claimants were also awarded Rs.22,400/- on account of loss of consortium etc. A total award of Rs.2,60,000/- was passed in favour of the petitioners. Not satisfied with this award, the claimants have filed the present appeal. The undisputed facts of the case are that the deceased was earning Rs.5300/- per month as pension. In fact, being an able bodied person, he could have earned some more amount also but unfortunately evidence is lacking in this behalf. Even if …3… the income is confined to Rs.5300/- and 1/3rd is deducted for the personal expenses of the deceased in accordance with law laid down by the Apex Court in Sarla Verma (Smt.) and others Versus Delhi Transport Corporation and another, 2009 (6) SCC 121, the loss of dependency works out to Rs.3550/- per month which is rounded off to Rs.3500/- per month, i.e. Rs.42,000/- per year. As per Exhibit P/C, date of birth of the deceased was 2.11.1951 and the accident took place on 26.3.2001. Therefore, the deceased was less than 50 years old at the time of the accident. In Sarla Verma’s case supra, the Apex Court has laid down that uniform system of multiplier must be followed and after considering the entire law on the subject, the Apex Court has recommended that the multiplier to be used should be that mentioned in column 4 of the Table prepared by it. Following the said table, the multiplier to be followed in the case of a person aged 46 to 50 is 13. As such, the compensation for loss of dependency works out to Rs.5,46,000/-. In addition thereto, the claimants are held entitled to Rs.10,000/- for conventional damages and Rs.5,000/- for funeral expenses. The widow is also entitled to a further sum …4… of Rs.10,000/- for loss of consortium. The total compensation, therefore, works out to Rs.5,71,000/-. The same is apportioned as follows:- Petitioners No.1 to 3 Rs.60,000/- each. Widow Rs.3,91,000/- In view of the above discussion, the appeal is allowed and the compensation is enhanced from Rs.2,60,000/- to Rs.5,71,000/-. The amount awarded by the learned Tribunal has already been paid/deposited by the respondents. The claimants are also held entitled to interest on the enhanced amount @ 7.5% per annum w.e.f. 25.5.2001, i.e., the date of filing of the claim petition till the deposit of the amount. The vehicle was admittedly insured with respondent No.4, National Insurance Company. The Insurance Company is directed to deposit the enhanced amount of compensation alongwith interest in the Registry of this Court within 12 weeks from today. No order as to costs. December 24, 2009. ( Deepak Gupta ) (m) Judge