Smt.Reshma Bai And Another vs Chand Singh And Others on 23 November, 2009

      IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH

                         FAO No.5207 of 2008 (O&M)
                         Date of Decision 23.11.2009

Smt.Reshma Bai and another
                                                  ...... Appellants

                         VERSUS

Chand Singh and others
                                                  ...... Respondents

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

Present:    Mr.Raj Kumar Rana, Advocate, for the appellants.

            Mr.Kulbhushan Soi, Advocate,
            for Mr.R.K.Girdhar, Advocate,
            for respondents No.1 and 2.

            Mr.Pradeep Goyal, Advocate,
            for the respondent-Insurance Company.

                         *****

A.N.JINDAL, J(ORAL):

C.M.No.26506-CII of 2008

For the reasons, mentioned in the application, delay in filing the

appeal is condoned.

FAO No.5207 of 2008

This appeal for enhancement is directed against the award dated

21.05.2008, passed by Motor Accident Claims Tribunal, Ferozepur, (herein

referred as ‘the Tribunal’) awarding compensation to the tune of

Rs.2,50,000/- in favour of the claimants-appellants (herein referred as ‘the

claimants’) and against the respondents jointly and severally on account of

the death of their son Raj Kumar aged about 18 years in a motor vehicular

accident.

Though the respondents have neither challenged the negligence

nor their liability to pay the compensation yet the claimants have come up
FAO No.5207 of 2008 (O&M) -2-

for enhancement.

From the facts as culled out from the record, it transpires that

the deceased was 18 years old at the time of accident and the age of his

parents was between 40 years and 45 years. Learned counsel for the

appellant has submitted that in case of unmarried son, the age of the parents

is to be seen while determining the multiplier to be applied. It has been

observed in case Smt.Sarla Verma and others appellants vs. Delhi

Transport Corporation and another respondents 2009 (3) RCR (Civil)

77 that in case a person dies at the age group of 41-45 years then 14 is the

appropriate multiplier to be applied. Thus, while taking the net dependency

as determined by the Tribunal @ Rs.18,000/- per annum, and while

applying the multiplier of 14, compensation to the tune of Rs.36,000/- needs

to be enhanced.

Resultantly, this appeal is partly accepted and the impugned

award is modified by enhancing compensation to the tune of Rs.36,000/-

over and above the award amount. However, the claimants would also be

entitled to receive interest on the enhanced amount at the same rate as

awarded by the Tribunal.

(A.N.Jindal)
Judge
23.11.2009
mamta-II