FAO No.3447 of 2010 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.3447 of 2010 Date of Decision : 24.08.2011 Jagmohan Sharma and another .......Appellant Versus Amrik Singh and others .......Respondents CORAM:- HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Saurabh Kaushik, Advocate, for Mr. Arvind Kashyap, Advocate, for the appellants. Mr. Pradeep Goyal, Advocate, for the Insurance Company. **** JITENDRA CHAUHAN, J. (ORAL) By way of the present appeal, the claimants-appellants have approached this Court seeking enhancement in the amount of compensation awarded by the learned Motor Accident Claims Tribunal, Rupnagar, (for short, ‘the Tribunal’), vide Award dated 29.10.2009, on account of the death of their son, Sudhir Kumar. Heard. From the perusal of the impugned Award, it is made out that the age of appellant-claimant, Mamta Rani, was 45 years. The learned Tribunal, while assessing the amount of compensation, has 1 FAO No.3447 of 2010 applied a multiplier of ‘10’. However, in view of the law laid down by Hon’ble the Apex Court in Sarla Verma Vs. DTC, (2009) 6 SCC 121, the multiplier of ‘13’ should have been applied. In view of the above, the multiplier is enhanced from ‘10’ to ‘13’ and the claimant is held entitled to enhanced amount of `1,44,000/-. Further perusal of the Award shows that an amount of `5,000/- has been awarded towards the head of ‘funeral expenses, which appears to be on lower side. Accordingly, another amount of `5,000/- is granted under this head, over and above the amount already granted. The deceased, Sudhir Kumar, was 26 years of age at the time of his death. The claimant-appellant No.2 is his mother, aged about 45 years. The learned Tribunal has not awarded any compensation under the head of ‘love and affection’. In this view of the matter, an amount of `15,000/- is awarded under this head. The amount of compensation granted by the learned Tribunal under all other heads is just and reasonable. Hence, the total amount of enhanced compensation comes to `1,64,000/- (`1,44,000/- + `5,000/- + `15,000/-), which shall be payable within 45 days from today. In case the enhanced amount of compensation is not paid within the period stipulated above, the same shall carry interest at the rate of 6% p.a. from the date of filing of the present appeal till it is actually paid. 2 FAO No.3447 of 2010 The present appeal is partly allowed and the Award of the learned Tribunal is modified to the extent indicated above. ( JITENDRA CHAUHAN ) 24.08.2011 JUDGE atulsethi Note: Whether to be referred to reporter ? Yes/No 3