Punjab-Haryana High Court
Jaswinder Kaur And Others vs Dalbir Singh And Others on 30 July, 2009
Author: A.N. Jindal
Bench: A.N. Jindal
In the High Court of Punjab and Haryana at Chandigarh
F.A.O. No. 108 of 2009 (O&M)
Date of decision: July 30, 2009
Jaswinder Kaur and others
.. Appellants
Vs.
Dalbir Singh and others
.. Respondents
Coram: Hon'ble Mr. Justice A.N. Jindal
Present: Mr. Vikrampreet Arora, Advocate for the appellants.
Mr. Suvir Dewan, Advocate for the respondent No.3.
A.N. Jindal, J
CM No. 423-CII of 2009
Civil Misc. application is allowed. 70 days' delay in filing the
appeal is condoned.
FAO No. 108 of 2009
This appeal for enhancement is directed against the award dated
10.4.2008 passed by the Motor Accident Claims Tribunal, Patiala, vide
which the claimants were awarded a sum of Rs.7,40,200/- for untimely
death of Roshan Lal, aged about 38 years, an employee of G.R.P.F. Patiala.
Neither the negligence nor the liability has been challenged by the
respondents by way of filing the appeal.
Grievance of the appellants is that they have been awarded
compensation on the lower side. Admittedly, the claimant was 38 years old
and an employee in G.R.P.F. The Tribunal has assessed his monthly salary
to the tune of Rs.7000/- and after making necessary deduction of 1/3rd which
he has been spending for himself, net dependency was determined at
Rs.56400/- per annum, therefore, the Tribunal fell in error while applying
the multiplier of 13 whereas according to 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 multiplier, of 15
was appropriate to be applied in this case. Thus while applying the
multiplier of 15, the compensation amount comes to Rs.8,46,000/-, while
F.A.O. No. 108 of 2009 (O&M) -2-
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adding the amount of Rs.7000/- as awarded by the Tribunal on the different heads, the total compensation amount comes to Rs.8,53,000/-. As such, the claimants would be entitled to receive a sum of Rs.1,12,800/- over and above the award amount along with interest @ 9% per annum from the date of the claim petition till actual realization on the enhanced amount.
Accordingly, the appeal is partly accepted.
July 30, 2009 (A.N. Jindal) deepak Judge