F.A.O NO. 1109 OF 1989 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O NO. 1109 OF 1989 DECIDED ON : 05.02.2010 Sukhbir Kaur and others ...Appellants versus Sarla Devi and others ...Respondents CORAM : HON'BLE MR. JUSTICE K. C. PURI Present : Mr. J. L. Malhotra, Advocate, for the appellants. Mr. R. C. Gupta, Advocate, for the Insurance Company. K. C. PURI, J. (ORAL) Learned counsel for the appellants has stated at the bar that he has no instructions to appear on behalf of the appellants/claimant. Sarla Devi-widow and Rajesh Luthra- son have filed a petition under Section 110-A of the Motor Vehicles Act, claiming compensation on account of death of A. N. Luthra in a motor vehicular accident. The learned Tribunal, after trial, granted an amount of Rs.4,85,000/- along with interest @12% per annum. However, the liability of Insurance Company was limited to the extent of Rs.1,50,000/-, as per terms of the Policy. F.A.O NO. 1109 OF 1989 -2- Since this is an appeal for enhancement and as such, the only relevant facts are being discussed regarding enhancement. The age of the deceased was taken as 52 years by the Tribunal. The deceased was a government servant and was drawing monthly salary of Rs.6200/-. The learned Tribunal has taken into account that he must be paying some income tax and after keeping in view the expenses incurred by him on the maintenance, the monthly dependency was calculated as Rs.4000/- per month. It was observed by the Tribunal that he would have been in service for six years and the compensation assessed for six years was taken to be Rs.2,88,000/- (4000x12x6). The Tribunal has also taken into account that after retirement he must have willfully employed and his attribution to the family was taken as Rs.2000/- per month. The multiplier for post retirement was assessed as 8 i.e total multiplier 6+8=14. An amount of Rs.1,92,000/- was assessed on account of post retirement compensation (2000x12x8). The claimants were held entitled to claim Rs.4,80,000/- on account of death of A.N.Luthra and Rs.5000/- on account of expenses incurred on the treatment of deceased. In this manner, Rs.4,85,000/- was granted. The liability of the Insurance Company has been rightly assessed to Rs.1,50,000/- as per the old Act. The multiplier as per authority, “Smt. Sarla Verma & ors. vs. Delhi Transport Corporation F.A.O NO. 1109 OF 1989 -3- & anr.” 2009 (3) RCR (Civil) 77 in respect of age group of 51 to 55, should have been 11. The Tribunal has already applied the multiplier of 14. So, no scope for further enhancement is made out. Consequently, the appeal is without any merit and the same is dismissed. FEBRUARY 05, 2010 (K. C. PURI) shalini JUDGE