F.A.O NO. 4116 OF 2002 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O NO. 4116 OF 2002 DECIDED ON : 02.02.2010 Sheela Devi and others ...Petitioners versus Baldev Singh and others ...Respondents CORAM : HON'BLE MR. JUSTICE K. C. PURI Present : Ms. Deepinder Kaur, Advocate, for the petitioners. Mr. R. K. Bashamboo, Advocate, for the Insurance Company. K. C. PURI, J. (ORAL) Parkash Chand-father, Sheela Devi-mother, Paramjit Kaur-widow and Sandeep Kumar-minor son filed claim petition claiming compensation amounting to Rs.10 lacs on account of death of Anil Kumar @ Sunil Kumar @ Leela in a motor vehicular accident. The learned Tribunal accepted the claim petition and granted compensation of Rs.2,93,000/-. The income of deceased was taken as Rs.3000/- and dependency was taken as Rs.2000/- per month and yearly dependency was calculated as Rs.24,000/- F.A.O NO. 4116 OF 2002 -2- per annum. The multiplier of 12 was applied. Rs.5000/- was granted in respect of funeral expenses. The claimants have preferred the present appeal for enhancement. The first contention raised by learned counsel for the appellants is that the income has been assessed on the lower side. The deceased was drawing salary of Rs.6000/- and in addition to that, he was paid Rs.2000/- as tips. So, the income should have been assessed by the Tribunal on higher side. I have considered the said submissions but do not filed any force. The accident had taken place on 06.07.1997. The income of Rs.3000/- assessed by the Tribunal does not call for any interference. So far as dependency is concerned, the authority “Smt. Sarla Verma & ors. vs. Delhi Transport Corporation & anr.” 2009 (3) RCR (Civil) 77 (S.C) is the guiding factor. In that authority, it has been held that where dependent family members are 4 to 6, the deduction should be 1/4th in respect of the expenses incurred by the deceased for maintaining himself. So in this manner, the dependency is calculated as Rs.2250/- per month after deducting 1/4th amount from the income of the Rs.3000/-.The yearly dependency comes to Rs.27,000/- per annum. Learned counsel for the Insurance Company has submitted that the authority Sarla Verma (supra) has been F.A.O NO. 4116 OF 2002 -3- referred to the Larger Bench and on that account it should not be relied upon. He has further contended that the multiplier should be 16. I have heard the said submissions. Until and unless the said judgment is set aside and modified that remains the guiding factor, so that contention cannot be accepted. Otherwise at the age of 25, the multiplier of 18 is most appropriate. So, the contention raised by learned counsel for the Insurance company is without any substance. Now reverting to the multiplier, the age of the deceased has not been assessed. As per copy of the post mortem report, the age of the deceased was 25 years. Although in the award, the age has not been determined. So the age of the deceased is determined as 25 years, as at the time of post mortem, the claimant could not anticipate the fling of the claim petition and generally the age is correctly recorded. So, the multiplier applicable as per Sarla Verma's case (supra) in the age group of 15 to 25 is 18. So, the claimants are held entitled to claim an amount of Rs.4,86,000/- on account of death of Anil Kumar in a motor vehicular accident. The claimants are also held entitled to claim Rs.10,000/- in respect of funeral expenses, loss of consortium and loss of estate. In this manner, the claimants are held entitled to claim Rs.4,96,000/-. The Tribunal has granted an amount of Rs.2,93,000/- so the amount of compensation stands enhanced to Rs.2,03,000/- more in addition to the F.A.O NO. 4116 OF 2002 -4- amount awarded by the Tribunal. The amount shall be paid in the same ratio, as awarded by the Tribunal and the liability of the respondents shall also remain same as held by the Tribunal. The claimants are held entitle to claim interest @ 7% per annum from the date of appeal till its realisation, on the enhanced amount. The appeal stands disposed of. FEBRUARY 02, 2010 (K. C. PURI) shalini JUDGE