FAO No. 1761 of 1993 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
FAO No. 1761 of 1993
Date of Decision:10.12.2008
Mohinder Kaur & anr.
....appellants
Versus
Ishwar Chander Sharma & anr.
.....respondents
CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR GARG
Present: Mr.Sachin Sharma,Advocate
for the appellants
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RAKESH KUMAR GARG J.
This is claimants’ appeal for enhancement of compensation
as awarded by the Motor Accident Claims Tribunal, Patiala, vide impugned
judgment whereby claimants have been held entitled to a sum of
Rs.96,000/- as compensation along with 12% interest per annum from the
date of petition till its realization on account of death of Piara Singh who is
alleged to have died due to rash and negligent driving of car No.DIB-8271,
driven by respondent No.1.
The Tribunal on appreciation of evidence, assessed the
monthly income of the deceased at Rs.1200/- and after applying a cut of
1/3 for the expenses which the deceased was supposed to be spending on
himself, the annual dependency of the claimants was determined at
Rs.9600/- per annum. At the time of accident, the age of the deceased was
45 years. The Tribunal applied a multiplier of 10 and awarded a sum of
Rs.96,000/- as compensation. Learned counsel for the appellants has
argued that the multiplier of 10 applied in this case is on the lower side as
the deceased Piara Singh was of 45 years of age, as per the claim petition.
FAO No. 1761 of 1993 2
I have heard learned counsel for the appellants and perused
the record. There is no evidence produced by the claimants to prove that
Piara Singh, deceased was 45 years of age at the time of his death,
whereas in the Post-Mortem Report his age has been mentioned as 50
years.
In view of these facts, I find that there is no error in the
application of multiplier by the Tribunal.
No merits.
Dismissed.
(RAKESH KUMAR GARG)
JUDGE
10.12.2008
neenu