FAO No.4216 of 2004 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. FAO No.4216 of 2004 Date of Decision: May 14, 2009 Manjit Kaur and others .......Appellants Versus Kuldip Singh and others .......Respondents CORAM:- HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Harsh Aggarwal, Advocate for the appellants. ... JITENDRA CHAUHAN, J. This order will dispose of two FAOs No.4216 and 4217 of 2004 as two claim petitions were clubbed together and decided by the Motor Accident Claims Tribunal by award dated 4.8.2004. Kulwant Singh and Davinder Singh, deceased, were riding on a Scooter. They were hit by a truck bearing registration No.PCB-4045 from behind and crushed by the truck. One claim petition was filed by the widow of Kulwant Singh and her three minor children. The other claim petition was filed by Sharifa and her two daughters. The Tribunal after consideration of the evidence led in the case came to the conclusion that Davinder Singh and Kulwant Singh died in the motor accident due to the rash and negligent driving of truck by Kuldip Singh. The Insurance Company did not adduce evidence under Issue No.2 FAO No.4216 of 2004 -2- and consequently, the Tribunal answered the issue against the Company. Issues No.3 and 4 were answered against the Insurance Company being not pressed. There is no challenge in these appeals to the findings recorded by the Tribunal under Issues No.1 to 4. The only challenge is to the findings to issue No.5 at the instance of the claimants. Learned counsel for the parties have been heard. In the claim petition filed by Manjit Kaur and others claiming compensation for the death of Kulwant Singh, the Tribunal awarded a total sum of Rs.2,69,712/-, whereas in the other claim petition, total sum of Rs.2,64,712/- was awarded. Kulwant Singh at the time of accident and death was only 25 years of age. He left behind a widow and three minor children besides his parents. He was a labourer and, thus, his income was taken to be Rs.2,300/- per month at Deputy Commissioner rates. After deducting personal expenses, the dependency was held to be Rs.1,534/- per month. I see no ground to interfere with the conclusion of the learned Tribunal. However, while working out the compensation, the Tribunal applied a multiplier of 14. The deceased was only 25 years of age and, in my opinion, the Tribunal erred in applying this multiplier and a multiplier of at least 17 at the age of 25 years ought to have been applied. The Tribunal also awarded meagre amount of Rs.2,000/- towards funeral expenses and Rs.10,000/- towards loss of consortium. Under these two heads also, I think it just and fair to award Rs.20,000/- as against Rs.12,000/-. Accordingly, the enhanced compensation works out to be Rs.63,224/- (1534x12x3+8000) rounded off Rs.64,000/-. The enhanced amount of compensation with interest @ 9% per annum from the date of FAO No.4216 of 2004 -3- claim petition till payment shall be payable to all the four claimants in the claim petition in the same ratio as determined by the Tribunal. In the other claim petition, the claimants were the mother, widow and sister. The deceased in this case was also aged 25 years. The appeal has been filed only by the widow seeking enhancement of compensation. Applying exactly the same principles, the Tribunal awarded Rs.2,57,715/- (1534x12x14) besides granting Rs.2,000/- towards funeral expenses and Rs.5,000/- towards loss of consortium. In all, a sum of Rs.2,64,712/- was awarded. I am of the opinion that a multiplier of 17 should be applied as against the multiplier of 14. The Tribunal awarded Rs.2,000/- towards funeral expenses and Rs.5,000/- towards loss of consortium. I feel the amount awarded against these two heads is very small and requires to be enhanced. Accordingly, the amount of Rs.2,000/- against the head of funeral expenses is enhanced to Rs.5,000/- and the amount of Rs.5,000/- against the head of loss of consortium is enhanced to Rs.15,000/-. The claimant-widow in this case is, thus, entitled to the enhanced compensation of Rs.68,224/-(1534x12x3+13000) rounded off Rs.69,000/-. The enhanced amount of compensation shall be payable only to the appellant awarded with interest @ 9% per annum from the date of claim petition till payment. The appellants are, thus, allowed compensation as noticed above but with no order as to costs. The driver and the Insurance Company are jointly and severally liable to pay the enhanced compensation. ( JITENDRA CHAUHAN ) May 14, 2009 JUDGE SRM