Punjab-Haryana High Court
Chain Singh And Others vs Harpreet Singh And Others on 29 March, 2012
Author: Jitendra Chauhan
Bench: Jitendra Chauhan
FAO No.3584 of 2011 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO No.3584 of 2011
Date of decision: 29.3.2012
Chain Singh and others
...Appellants
Versus
Harpreet Singh and others
...Respondents
CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN
Present: Mr.Gurcharan Singh, Advocate for the appellants
Mr.Anil Shukla, Advocate for respondent Nos. 1 and 2.
None for the respondents.
****
Jitendra Chauhan, J. (Oral)
The present appeal has been filed by the claimant-appellants, seeking enhancement of the compensation amount, awarded by the learned Motor Accident Claims Tribunal, Fatehgarh Sahib, (for short 'the Tribunal') vide Award dated 2.12.2010, on account of death of Kamlesh Rani, in a motor vehicular accident on 28.4.2008.
The sole argument raised by the learned counsel for the appellants is that the deceased was below the age of 30 years at the time of accident, therefore, in view of Smt. Sarla Verma and others Vs. Delhi Transport Corporation and another, 2009(3) RCR (Civil) 77, the multiplier of 17 should be applied.
I have heard the learned counsel for the parties and perused the FAO No.3584 of 2011 2 record carefully.
In Ex.A-4, Copy of matriculation certificate, the date of birth of the deceased has been mentioned as 18.4.1997. The accident took place on 28.4.2008. Accordingly, at the time of the accident, the age of the deceased was about 26 years. In view of the law laid down by the Hon'ble Supreme Court in Smt.Sarla Verma's case (supra), the multiplier deserves to be enhanced from 15 to 17. Ordered accordingly.
Resultantly, the total compensation comes to Rs.6,12,000/- ( 36000 (annual income) x 17 (multiplier). The balance enhanced amount of Rs.72,000/- ( 6,12,000 - 5,40,000 (already awarded by the learned Tribunal) shall be paid to the claimant-appellants, in the manner indicated in the impugned Award, within 45 days from the date of the receipt of the certified copy of the judgment, failing which, the appellant shall be entitled to get interest @ 7.5% per annum from the date of the filing of the appeal till its realisation. The enhanced amount shall be apportioned between the claimants and will be dealt with in the manner indicated in the award.
In view of the above, the present appeal is partly allowed and the impugned Award is modified to the above extent.
29.3.2012 (JITENDRA CHAUHAN) gsv JUDGE