F.A.O. No. 2429 of 2010(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O. No. 2429 of 2010(O&M) Date of decision: 11.11.2011 Balwinder Singh and Others ..Appellants Versus Kabul Singh and Others ...Respondents CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Arvind Kashyap, Advocate for the appellant. Mr. Vinod Gupta, Advocate for Insurance Company. Mr. G.S. Bal, Advocate for respondent No. 3. *** JITENDRA CHAUHAN, J.(ORAL) Heard. The delay of 63 days in filing the appeal is condoned. The instant appeal has been filed against the award dated 1.6.2009 passed by the Motor Accident Claims Tribunal, Fatehgarh Sahib, (for short 'MACT'), seeking enhancement of compensation. From the perusal of the award it is made out that Rs. 3,00,000/- (Rupees Three Lacs only) has been awarded as loss of dependance and Rs. 12,000/- under the heads 'funeral, transportation' loss of consortium, love and affection and loss of estate of the deceased. Accordingly, as per the laid down by the Hon'ble Supreme Court in 'Sarla Verma Vs. DTC, (2009) 6SCC 121” the compensation awarded under the above various conventional heads is increased from Rs. 12,000/- to Rs. 20,000/- ( i.e. Rs. 8,000/- over and above the amount already awarded). The income of Rs. 4500/- per month and 1/3rd dependancy has F.A.O. No. 2429 of 2010(O&M) 2 been correctly assessed by the learned Tribunal Keeping in view the age of the appellant, which is stated to be 60 years as per post mortem report, multiplier applied by the Tribunal is increased from 8 to 9. Thus, by applying the multiplier of 9, the total enhanced amount (towards dependancy)comes to Rs. 36,000/- . The enhanced awarded amount of Rs. 36,000+8000= 44,000/- shall be payable within 45 days from the receipt of certified copy of the judgment. In case the enhanced amount is not paid within stipulated period, it shall carry interest at the rate of 7.5 % per annum from the date of filing of the appeal, till its realisation. With the above modification in the award, this appeal is partly allowed. (JITENDRA CHAUHAN) November 11, 2011 JUDGE Poonam (II)