IMPORTANT POINT
While awarding compensation the Courts below should keep in mind the principles laid down by the Supreme Court.

JUDGMENT

V. GOPALA GOWDA, J.

Delay condoned. Leave granted.

2. This appeal has been filed by the appellant being dissatisfied with the impugned Judgment and award dated 02.07.2012 passed in FAO No.1647 of 1992 (O & M) by the High Court of Punjab and Haryana at Chandigarh wherein the High Court has awarded the compensation amount of Rs.6,30,000/-to the appellant.

3. The relevant facts are stated hereunder to appreciate the case with a view to determine whether the appellant is entitled for enhancement of compensation amount as prayed in this appeal.

4. On the night intervening 9/10.07.1990 at around 12:30 a.m., Parmod Bala, mother of the appellant, who along with five other passengers were travelling in a Maruti Car bearing registration No. PBW-8399, met with an accident near Oasis Tourist Complex on G.T. Road near Uchana village, Police Station Sadar Karnal, when a truck bearing registration No. PIB 5733 being driven rashly and negligently by respondent no. 2 coming from the opposite direction collided with the said car. Parmod Bala succumbed to the injuries caused to her due to the accident on the same day. An FIR No. 262 was registered on 10.7.1990 at the Police Station, Sadar Karnal under Sections 279/337/304-A of the I.P.C. against respondent no. 2 herein.

5. The appellant being the only surviving legal representative, who was the adopted child of the deceased, filed a claim petition No.89 of 1990 before the M.A.C.T., Karnal seeking for compensation for the death of her deceased mother. The appellant at the time of the accident was 15 years of age and was wholly dependent on her mother. The Tribunal by its award dated 11.11.1991 dismissed the said claim petition filed by the appellant on the ground that she could not prove to be a legal representative of the deceased.

6. Aggrieved by the said award of the Tribunal, the appellant filed FAO No.1647 of 1992 before the High Court of Punjab and Haryana at Chandigarh. The High Court allowed the appeal filed by the appellant and set aside the award of the Tribunal and awarded an amount of Rs. 6,30,000/- to the appellant. The relevant portion of the judgment and award of the High Court is extracted hereunder to examine the break-up of figures and calculation made by the High Court before arriving at the above said compensation amount of Rs. 6,30,000/- awarded under different heads payable to the appellant by the respondent-Insurance Company.

“At the time of death, the deceased was said to have been working as a teacher, drawing a salary of Rs.4,214/-. She was 45 years of age and as per the formula prescribed in the judgment of the Hon’ble Supreme Court in Sarla Verma Versus Delhi Transport Corporation and another [2009 (6) SCC 121] the prospect of increase in salary must have been duly provided for by escalating the salary by another 30%. The average salary must be Rs,5,478/- and if 1/3rd deduction were to be made for the personal consumption of the deceased, the dependency for the appellant must be taken as Rs.3,652/-per month. Providing for a multiplier of 14, the loss of dependency will be Rs.6,13,536/-. To this sum shall be added the loss to estate, funeral expenses and loss of love and affection, all of which, in my view, add to another 15,000/-. In all, the total amount of compensation that become payable, shall be Rs.6,28,536/-, which I round off to Rs.6,30,000/-.”

7. Being aggrieved of the compensation amount awarded by the High Court in its impugned judgment and award, the appellant has filed this appeal seeking for enhancement of compensation urging various grounds in support of her claim.

8. It is contended by the learned counsel for the appellant that the High Court has failed to appreciate the fact that at the time of the unfortunate incident, the appellant was only 15 years of age and since then i.e. for the last 25 years, the appellant has been suffering from mental tra