FAO No.1707 of 2010 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1707 of 2010 (in MACT No.63 of 2008) Date of Decision : 23.11.2011 Smt. Maya Devi and another .......Appellants Versus Krishan Lal and others .......Respondents CORAM:- HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Sachin Mittal, Advocate, for the appellants. None for respondent Nos.1 and 2. Mr. M.B. Jain, Advocate, for respondent No.3. **** JITENDRA CHAUHAN, J. (ORAL) The appellant-claimants have preferred this appeal seeking enhancement in the amount of compensation granted vide impugned Award dated 05.08.2009, passed by the learned Motor Accident Claims Tribunal, Gurgaon (for short, ‘the learned Tribunal’). Brief facts of the case in hand are that on 02.02.2008 at about 12.00 mid night, Bhim Singh, since deceased, along with 1 FAO No.1707 of 2010 Rajesh, Rajender Singh and Arjun Singh, was returning to his house from Village Chandawas in Indica car bearing No.HR-26- AJ-9179, which was being driven by Rajesh. When they reached near the canal on Rewari-Dharuhera Road, a Qualis car bearing No.HR-47A-0934, being driven by respondent No.1, the driver, at a fast speed, rashly and negligently, came from the opposite side and struck against their Indica car. Resultantly, the deceased sustained serious and grievous injuries. He was first removed to the Mamta Hospital, Gurgaon, where he remained admitted upon 18.02.2008 and thereafter, he was referred to AIIMS, Delhi, where he succumbed to the injuries. FIR No.10 dated 02.02.2008 under Sections 279, 337,338 and 304-A IPC, was registered at PS Sadar Rewari. In this background, the claimant-appellants preferred claim petition before the learned Tribunal seeking compensation. The learned Tribunal, vide impugned Award, awarded an amount of `4,55,722/- to the claimants. Enhancement thereof, has been sought by way of the present appeal. I have heard the learned counsel for the parties and perused the record. The deceased, Bhim Singh, was 25 years of age at the time of his death in the accident. He was unmarried. The claimants are his parents. Hon’ble the Supreme Court, in Smt. Sarla Verma and others Vs. Delhi Transport Corporation and 2 FAO No.1707 of 2010 another, 2009(3) RCR (Civil) 77, has held that in the cases where the deceased was unmarried, the age of the parents has to be considered while applying the multiplier. In the present case, the appellants were 56 and 50 years of age, respectively, at the relevant time. Therefore, the correct multiplier which ought to have been applied is 11 instead of 8. It is held accordingly. The monthly income of the deceased was rightly assessed to be `3,600/- per month. The learned Tribunal further erred in assessing the dependency as 2/3rd whereas, as per the law laid down in Sarla Verma’s case (supra), the deceased being bachelor, the deduction on account of his personal expenses should be to the extent of ½. In view of the above discussion, the compensation on account of dependency comes to `2,37,600/- (`3,600/- X ½ X 12 X 11), and the claimants are held entitled to the enhanced amount of ` 7,200/- under this head (`2,37,600/- – `2,30,400/-). A further perusal of the impugned Award shows that an amount of `10,000/- has been granted towards funeral, transportation, loss of estate, etc. In the considered opinion of this Court, ends of justice would be met if another amount of `10,000/- is granted under the aforesaid heads. Accordingly, the claimants-appellants are held entitled to the enhanced compensation of `17,200/-, which shall 3 FAO No.1707 of 2010 be payable to them within a period of 45 days from the date of receipt of certified copy of this judgment. In case the amount aforesaid is not paid within the stipulated period, the same shall carry interest @ 7.5% p.a. from the date of filing the present appeal, till its realization. The present appeal is partly allowed and the Award of the learned Tribunal is modified to the extent indicated above. ( JITENDRA CHAUHAN ) 23.11.2011 JUDGE atulsethi Note: Whether to be referred to reporter ? Yes/No 4