JUDGMENT Sureshwar Thakur, J. - The Insurer, of, the, offending vehicle, whereuponwhom, the, apposite indemnificatory liability, vis-a-vis, the, compensation amount, becomes fastened, hence, by, the, learned Motor Accident Claims Tribunal, Chamba, under, the, impugned award, rendered on, 11.12.2017, upon, MAC Petition No. 157, of, 2016, (a) has, thereagainst, constituted, the, extant first appeal, before, this Court, for, therethrough, its, hence, striving, to, beget reversal, of, the, impugned award. 2. The learned counsel appearing, for, the, insurer/appellant herein, does not, contest, the, validity, of, affirmative findings, as, become recorded, upon, the, issue appertaining, to, the, demise, of, one Pooja Devi, being, a, sequel, of, rash, and, negligent manner, of, driving, of, the, offending vehicle, by, its driver-cumowner, one Daleep Kumar, (i) nor he contests, the, findings, rendered, upon, the, issue, appertaining, to, the, driver, of, the, offending vehicle, rather, possessing, a, valid, and, effective driving licence, to, at, the, relevant time, hence, drive, the, offending vehicle. 3. However, his, limited challenge, vis-a-vis, the, validity, of, the, impugned award, pronounced, by, the, learned tribunal concerned, becomes ,confined, to, (a) the, claimant striving, to, untenably claim, dependency, upon, his deceased spouse, despite, his purportedly, given, his entering, into, a, wedlock, with, his deceased spouse, prior, to, hers, becoming, employed, hence, his becoming, construable, to be, financially capacitated, to, nurse, all, the, needs, of, his deceased spouse, (i) and, also hence, when, the, claimant, was, though, the, legal heir, of, the, deceased, yet hence, was not, dependent, upon, the, income, of, his deceased spouse, (ii) thereupon, when, the, trite parameter, embodied, in, the, requisite, multiplier method, of, making computation, of, compensation, vis-a-vis, him, is, encapsulated, in, the, imperative necessity, of, after his dependency, upon, the, income, of, his deceased spouse, hence, becoming determined, rather, the, apposite multiplier becoming amenable, to, become applied thereon, (iii) whereas, for, the, afore reason, with, his not being dependent, upon, the earnings, of, his deceased spouse, thereupon, there, was, no necessity cast, upon, the, learned tribunal, to, make any adoption(s), vis-a-vis, the, multiplier method, for, computation, of, compensation, vis-a-vis, him, as, erroneously, and, fallaciously adopted, and, determined under, the, impugned award, hence, rendered, by, the, learned tribunal.
However, the, afore submission, as, made, before, this Court, by, the, learned counsel, appearing, for, the, insurer, is, ridden, with, a, vice, of, inherent fallacy, and, vice whereof, is, encapsulated, in, its becoming surmisaly, and, conjecturally, reared, (iv) as, the, learned counsel appearing, for, the, insurer untenably assumes, that, given the claimant, entering into, a, wedlock, with, his deceased spouse, thereupon, his ipso facto being not dependent, upon, his deceased spouse''s income, rather his becoming construed, to be, financially capacitated, to, maintain, and, nurse, all, the, needs of his deceased spouse. Conspicuously, when no tangible or tenacious evidence, for, sustaining, the, afore submission, exists, on, record, either, through, acquiescences made, by, the, claimant, during, the, course, of, his becoming subjected, to, the, ordeal, of, a, scathing, cross-examination, by, the, learned counsel, for, the, insurer, nor, the, insurer adducing evidence, personificatory, vis-a-vis, the, afore address, as, made, before, this court, by, the, learned counsel, for, the, insure rather becoming sustained therethrough(s). 4. The effect, of, the afore lack, of, adduction, of, afore evidence, by, the, insurer,hence, before, the, learned MACT concerned, rather, for, sustaining, the, afore espousal, is, qua, it, marshalling, an, inference, vis-a-vis, the, claimant, at, the, relevant time, as, unerodingly, deposed, by, him, in, his cross-examination, rather prosecuting Post Graduation course, in, Hindi, (i) and, also hence thereupon, he became not financially capacitated, to, maintain, or nurse, all, the, needs, of, his wife, rather, he become dependent, upon, the, earnings, of, his deceased spouse. Further corollary thereof, is, that, the, claimant, become, entitled, to, maintain, the claim petition, before, the, learned tribunal, and, also, the, latter, in, adopting, the, multiplier method, for, computing, compensation, vis-a-vis, him, under, the, head, "loss, of, dependency", and, arising, from, the, demise, of, his earning deceased spouse, rather, not, suffering, from, any gross fallacy. 5. Furthermore, the computation, of, compensation made by the learned tribunal, vis-a-vis, the claimant, as, comprised, in, its computing it, on, anvil, of, Ex.PW2/B-1, exhibit whereof, is, the, salary statement, of, the, deceased spouse, of, the, claimant, and, thereafter, its also, within, the, ambit, of, the, verdict, of, the, Hon''ble Apex Court, rendered, in, a, case titled, as, National Insurance Co.
Furthermore, the computation, of, compensation made by the learned tribunal, vis-a-vis, the claimant, as, comprised, in, its computing it, on, anvil, of, Ex.PW2/B-1, exhibit whereof, is, the, salary statement, of, the, deceased spouse, of, the, claimant, and, thereafter, its also, within, the, ambit, of, the, verdict, of, the, Hon''ble Apex Court, rendered, in, a, case titled, as, National Insurance Co. Ltd. vs. Pranay Sethi and others, (2017) ACJ 2700 , meteing 50% increases, escalation or hikes, towards, prospective increases, vis-a-vis, the, afore per mensem salary, as, drawn, by, the, deceased spouse, of, the, claimant, and, thereafter its, meteing tenable 1/3 deduction(s) thereto, and, thereafter, its, applying thereon, the, apposite multiplier, of, 17, for assessing, hence, just, and, fair compensation, vis-a-vis, the, claimant, and, borne in a sum of Rs.30,05,076/-, under, the, head "loss of dependency", does not, suffer, from, any infirmity or legal fallacy. Moreover, the assessment, of, compensation, under, the, heads "loss of estate", "loss of consortium", and, "funeral expenses", as, made, by, the, learned tribunal, is, also, in, consonance, with, the, verdict rendered, by, the, Hon''ble Apex Court, in, Pranay Sethi''s case (supra). 6. Consequently, this Court refrains to interfere with the impugned award, excepting its modifying, the, operative portion thereof, inasmuch, as therein, the, learned tribunal, though, aptly ordering, for, the, levying, upon, the, total compensation, of, Rs.30,75,736/-, interest, at, the, rate, of, 7% per annum, from, the, date, of, filing, of, the, petition, till, the, date, of, deposit, yet, thereafter, its inaptly, and, untenably, rather making, a, further direction, upon, respondent No.1, and, insurer, of, the, offending vehicle, vis-a-vis, upon, its failing to deposit, the, awarded amount, within, three months, thereupon, it, becoming entailed, to, pay penal interest, at, the, rate, of, 12% per annum thereon, (i) and, also, the, last part, of, the, award directing, that, only 50% amount, being releaseable, vis-a-vis, the, claimant, and, the, remaining 50%, of, the compensation amount, becoming deposited, in, a, fixed deposit, for, a, period, of, three years, also become amenable, for, being quashed, and, set aside, as, in, the, extant petition, the, claimant, is, the, husband, of, the deceased, and, hence he is not a minor, whereas, only upon, a minor claimant, the determined compensation amount, can be, ordered, to, be deposited, in, a, fixed deposit, till, his/her attaining majority. 7.
7. For the foregoing reasons, the appeal filed by the insurer is partly allowed, and, the impugned award, is, in the aforesaid manner, hence modified. All pending applications also stand disposed of. Records be sent back forthwith.