Prem Wati And Others vs Deepak Batra And Others on 11 September, 2009

      IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH

                          F.A.O.No.2977 of 2008 (O&M)
                          Date of Decision 11.09.2009

Prem Wati and others
                                                     ......Appellants

                          VERSUS

Deepak Batra and others

                                                     ......Respondents

CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL

Present:    Mr.Diwan S.Adlakha, Advocate, for the appellants.

            Mr.Sagar Deswal, Advocate, for respondent No.1.

            Mr.R.C.Kapoor, Advocate,
            for respondent No.2-Insurance Company.

            Mr.J.S.Arora, Advocate, for respondent No.3.

            Mr.Nitin Kumar, Advocate, for respondent No.4.

                               *****

A.N.JINDAL, J(ORAL):

C.M.No.16925-CII of 2008

Allowed as prayed for.

F.A.O.No.2977 of 2008

This appeal for enhancement is directed against the award dated

01.04.2008, passed by Motor Accident Claims Tribunal, Ambala, awarding

compensation to the tune of Rs.3,10,000/- alongwith interest @ 7.5% per

annum in favour of the appellants-claimants (herein referred as ‘the

claimants’) on account of the death of Surinder Kumar, aged about 35 years

and against the respondents jointly and severally.

The Insurance Company has neither challenged the liability nor

the negligence. However, the claimants have sought enhancement of the
F.A.O.No.2977 of 2008 (O&M) -2-

compensation on the grounds that there were four dependents upon the

deceased but only a cut of 1/3rd towards his own dependency was made out

of the total income whereas it should have been 1/4th . He has further urged

that the deceased was 35 years old but the multiplier of 15 was applied

whereas as per the Apex Court judgment delivered in case Smt.Sarla

Verma and others vs. Delhi Transport Corporation and another 2009

(3) RCR (Civil) Page 77 the multiplier of 16 should be the appropriate

multiplier to be applied in this case. However, learned counsel for the

claimants has offered to settle the appeal if the compensation is enhanced to

Rs.60,000/- over and above the award amount to which learned counsel for

respondent No.2-Insurance Company agrees.

Thus, with the consensus between the parties, this appeal is

partly accepted and the impugned award is modified by enhancing

compensation of Rs.60,000/- over and above the award amount which will

be paid by the respondent-Insurance Company within 45 days on the receipt

of copy of the order, failing which the appellant would be liable to receive

interest on the enhanced amount at the same rate, as awarded by the

Tribunal. No order as to costs.

(A.N.Jindal)
Judge
11.09.2009
mamta-II