JUDGMENT : Mansoor Ahmad Mir, J. This appeal is directed against the award, dated 22nd November, 2010, passed by the Motor Accident Claims Tribunal, Fast Track Court, Chamba (HP), (for short, “the Tribunal”) in M.A.C. No.32/09, titled Smt. Rafikan & another vs. Surjeet Singh & others, whereby a sum of Rs.5,78,400/- alongwith interest at the rate of 7.5% per annum came to be awarded as compensation in favour of the claimants and the insurer was saddled with the liability (for short the “impugned award”). 2. The claimant, the owner-insured and the driver have not questioned the impugned award on any count. Thus, the same has attained finality so far it relates to them. 3. During the course of hearing, the learned counsel for the appellant/insurer has laid challenge to the impugned award only on two grounds – i) the amount awarded by the Tribunal is excessive; and ii) the deceased was a bachelor, therefore, 1/2 was to be deducted towards the personal expenses of the deceased and the Tribunal has fallen into an error in deducting 1/3rd amount. 4. In view of Sarla Verma (Smt.) and others versus Delhi Transport Corporation and another, reported in AIR 2009 SC 3104 and upheld by a larger Bench of the Apex Court in case titled as Reshma Kumari & others versus Madan Mohan and another, reported in 2013 AIR (SCW) 3120, the argument of the learned counsel for the appellant is legally correct. The Tribunal has rightly assessed the income of the deceased to the tune of Rs.3,600/- per month and since the deceased was a bachelor at the time of death, after deducting 1/2 from the said income towards his personal expenses, it is held that the claimants have lost source of dependency to the tune of Rs.1,800/- per month. 5. The deceased was 18 years of age at the time of death. Therefore, the Tribunal has rightly applied the multiplier of ‘18’ in view of Schedule II appended to the Motor Vehicles Act, 1988 read with the judgment made by the Apex Court in Sarla Verma’s case supra. Accordingly, it is held that the claimants have lost source of dependency to the tune of Rs.1,800x12x18= Rs.3,88,800/-. 6. The amount awarded under other heads is not in dispute. 7.
Accordingly, it is held that the claimants have lost source of dependency to the tune of Rs.1,800x12x18= Rs.3,88,800/-. 6. The amount awarded under other heads is not in dispute. 7. In view of the above discussion, the claimants are held entitled to Rs.3,88,800/- + Rs.50,000/- + Rs.10,000/- = Rs.4,48,800/-, alongwith interest as awarded by the Tribunal. 8. The Registry is directed to release the amount in favour of the claimants through their bank accounts, strictly as per the terms and conditions contained in the impugned award. The excess amount, if any, be released in favour of the appellant-insurer through payee’s account cheque. 9. The impugned award is modified, as indicated above, and the appeal is disposed of alongwith all the pending applications.