F.A.O NO.209 OF 2010 (o & m) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O NO.209 OF 2010 (o & m) DECIDED ON : 14.05.2010 Kamla Devi and others ...Appellants versus Dharmender Rawat and others ...Respondents CORAM : HON'BLE MR. JUSTICE K. C. PURI Present : Mr. Rakesh Lathwal, Advocate, for the appellants. Mr. Neeraj Khanna, Advocate for Mr. Ravinder Arora, Advocate, for respondent No.3. K. C. PURI, J. (ORAL) C.M NO.1380-CII OF 2010 There is delay of 239 days in filing the appeal. Same stands condoned, on the grounds mentioned in the application. MAIN CASE This is an appeal directed by the mother and two sisters of deceased Pawan Kumar, claiming compensation on account of death of Pawan Kumar in a motor vehicular accident. The Tribunal has taken the income of deceased as Rs.3000/- per month. The monthly dependency was taken as F.A.O NO.209 OF 2010 (o & m) -2- Rs.1000/- and the yearly dependency was taken as Rs.12000/-. Multiplier of 15 was applied by the Tribunal, as the age of mother of deceased was taken as 45 years. In this manner, a sum of Rs.1,80,000/- (12,000 x 15) was granted to the claimants. Another sum of Rs.2000/- was allowed on account of funeral expenses and Rs.2500/- was allowed on account of loss of estate. So, a total sum of Rs.1,84,500/- was granted to the claimants. Feeling dissatisfied with the above said award, the claimants have preferred the present appeal for enhancement of compensation. The Tribunal has assessed the income of deceased as Rs.3000/- per month. However, the dependency should have been taken as Rs.1500/- per month, after applying cut of 50% in view of authority Smt. Sarla Verma & ors. vs. Delhi Transport Corporation & anr.” 2009 (3) RCR (Civil) 77. So, by applying the cut of 50%, the monthly dependency comes to Rs.1500/- and the yearly dependency comes to Rs.18,000/- (1500 x 12). The Tribunal has taken the age of mother of deceased as 45 years. In view of Sarla Verma's case (supra), the multiplier applicable at that age is 14. By applying the multiplier of 14, the amount comes to Rs.2,52,000/-. The Tribunal has allowed a sum of Rs.2000/- on account of funeral charges and Rs.2500/- on account of loss of consortium. So, in this manner, the claimants are held entitle to claim Rs.2,56,500/-. The amount stands enhanced by Rs.72,000/- F.A.O NO.209 OF 2010 (o & m) -3- which shall carry interest @ 7% per annum from the date of filing the appeal till its realisation. Out of the said amount, a sum of Rs.32,000/- shall be paid to the mother and the remaining amount shall be shared equally by the other claimants. However, the liability to pay the amount shall remain the same as ordered by the Tribunal. Disposed of. MAY 14, 2010 (K. C. PURI) shalini JUDGE