Paramjit Kaur And Others vs Bhupinder Singh And Others on 22 December, 2008

FAO No. 720 of 2000                                        1

       In the High Court of Punjab and Haryana at Chandigarh

                                  FAO No. 720 of 2000
                                  Date of decision: 22.12.2008

Paramjit Kaur and others                               ......Appellants


                        Versus


Bhupinder Singh and others
                                                  .......Respondents

CORAM: HON'BLE MRS. JUSTICE SABINA

Present:    Mr. S.S.Rangi, Advocate,
            for the appellants.

            Mr.Ravinder Arora, Advocate,
            for New India Insurance Company.
                  ****

JUDGMENT

SABINA, J.

This is an appeal against the award dated 8.9.1999

passed by the Motor Accident Claims Tribunal, Patiala (hereinafter

referred to as ‘the Tribunal’), whereby the claim petition filed by the

appellants on account of the death of Ravail Singh in the motor

vehicle accident was allowed and a sum of Rs.2,65,000/- was

awarded to the appellants towards compensation. The present

appeal has been filed by the appellants seeking enhancement of

compensation.

After hearing learned counsel for the parties, I am of the

opinion that the appeal deserves to be allowed.

The income of the deceased Ravail Singh was taken as
FAO No. 720 of 2000 2

Rs.2,400/- per month by the learned Tribunal on the basis of the

salary certificate (Exhibit A-2), as he was employed with Delhi Kota

Roadways. Out of this amount, one third was deducted on account

of the personal expenses of the deceased. The dependency of the

appellants was calculated @ Rs.1,600/- per month. The said

dependency worked out by the learned Tribunal calls for no

interference as it had rightly determined the dependency of the

appellants.

The learned Tribunal applied a multiplier of ’13’ while

calculating the amount of compensation. The age of the deceased

was 34 years at the time of accident, as per the postmortem report

and the same was taken in consideration by the learned Tribunal.

However, the multiplier applied by the learned Tribunal, in view of the

age of the deceased, is on the lower side. The appropriate

multiplier in this case is ’17’. Hence, the compensation comes to

Rs.1,600 x 12 x 17 = 3,26,400/-. The appellants are further entitled

to Rs.10,000/- towards loss of consortium and funeral expenses.

Thus, the total compensation comes to Rs. 3,36,400/-.

Accordingly, this appeal is allowed. The compensation

awarded to the appellants, vide the impugned award, is enhanced

from Rs.2,65,000/- to Rs.3,36,400/-. No order as to costs.

(SABINA)
JUDGE
December 22, 2008
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