Rekha Rani And Others vs Vishisht Yadav And Others on 15 November, 2009

In the High Court of Punjab and Haryana at Chandigarh


F.A.O. No.1226 of 2009

Date of decision: October 15, 2009

Rekha Rani and others
                                                          .. Appellants

                     Vs.

Vishisht Yadav and others
                                                          .. Respondents

Coram:         Hon'ble Mr. Justice A.N. Jindal

Present:       Mr. Vishal Goyal, Advocate for the appellants.

               Mr. Pardeep Goyal, Advocate for the Insurance Company.

A.N. Jindal, J
               This appeal for enhancement is directed against the award dated
17.11.2008 passed by the Motor Accident Claims Tribunal, Chandigarh,
awarding compensation to the tune of Rs.3,64,000/- along with interest @
6% per annum in favour of the appellants-claimants (herein referred as 'the
claimants').
               Ashok Kumar died leaving behind his widow, three children
and old parents. All of them appear to be dependent upon him. Thus,
keeping in view the fact that number of dependents was 6 and also while
relying upon the judgment delivered by the Apex Court in case Sarla
Verma and others vs. Delhi Transport Corporation and another, 2009 (3)
RCR (Civil) 77, the Tribunal appears to have fallen in error while making
deduction of 1/3rd out of the income of Rs.10500/- per month, whereas, it
should have deducted 1/4th i.e. Rs.2625/- per month and while deducting
1/4th the net dependency of the deceased towards the claimants comes to
Rs.31500/- per annum. Considering the age of the deceased at 40 years, the
Tribunal did not apply appropriate multiplier. In view of Sarla Verma's
case (supra), it should have applied the multiplier of 15 instead of 13. Thus,
while keeping in view the aforesaid factors, the total compensation payable
to the claimants comes to Rs.4,72,500/-. The Tribunal has also not provided
any amount towards funeral expenses last rites and transportation. As such,
it would not be unsafe to add Rs.10,000/- towards the aforesaid three heads.
 F.A.O. No.1226 of 2009                                     -2-

                                      ***

In the circumstances, the present appeal is partly allowed, the
impugned award is modified and the claimants are entitled to recover a sum
of Rs.4,82,500/- as compensation on account of the death of Ashok Kumar
from the respondents jointly and severely along with interest @ 6% per
annum from the date of filing of the petition till actual realization.

No orders as to costs.

October 15, 2009                                           (A.N. Jindal)
deepak                                                           Judge