FAO No.5805 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.5805 of 2010 (O&M) Date of decision: 19.12.2011 Phooli and another ...Appellants Versus Masa Singh and others ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Arvind Kumar, Advocate for the appellants. Mr.Atul Babbar, Advocate for respondent No.2. Mr.Binny Thomas, Advocate for for respondent No.3-Insurance Company **** Jitendra Chauhan, J. (Oral) CM No.2557-CII of 2010 Despite notice, reply has not been filed by the respondents. Keeping in view the averments made in the application, delay of 74 days in filing the present appeal is hereby condoned. Application stands disposed of. FAO No.5805 of 2011 The present appeal has been filed by the claimants-appellants, seeking enhancement of the compensation amount awarded by the learned Motor Accident Claims Tribunal, Sonepat, (for short 'the Tribunal'), vide award dated 21.1.2010, on account of the death of Ravi, in a motor vehicular accident on 15.6.2008. Learned counsel for the appellant has urged that the deceased FAO No.5805 of 2010 (O&M) 2 was a bachelor at the time of accident. He was working as a Cleaner with M/s Maple Transport Company on their truck and had been earning `150- 175 daily. However, the learned Tribunal, considering him as a casual labourer, assessed his income at `3000/- per month. He further contended that as per Smt. Sarla Verma and others Vs. Delhi Transport Corporation and another, 2009(3) RCR (Civil) 77 , the deceased being unmarried, the dependency of 50% should have been assessed. He has further contended that the amount awarded towards transportation and funeral expenses i.e. `10,000/- is inadequate. On the other hand, the learned counsel for the respondent- Insurance Company has contended that the there is no scope of any further enhancement and the appeal deserves to be dismissed. I have heard learned counsel for the parties and perused the record. It is admitted fact that the deceased was a bachelor at the time of accident. In view of the law laid down in Smt.Sarla Verma's case (supra), the dependency of 50% should have been assessed. Ordered accordingly. There being no conclusive proof of income, the learned Tribunal has considered him as a casual labourer and assessed his income as `3000/- per month. However, as per the Notification dated 27.6.2007, issued by the Labour Department, Haryana Government under the Minimum Wages Act, 1948, the minimum wage of a labourer has been prescribed as `3510/- per month. Therefore, keeping in view the said Notification, the income of the deceased is to be considered as `3510/- per month. The FAO No.5805 of 2010 (O&M) 3 multiplier of 13 applied by the learned Tribunal is adequate in view of the age of the appellant. The amount awarded i.e. `10,000/- towards transportation and funeral expenses, appears to be on the lower side, is enhanced to `20,000/-. Resultantly, the total compensation comes to `2,93,780/-( 3510 (monthly income) x 1/2 (dependency) x 12 x 13 (multiplier) +20,000 ( awarded under conventional heads). The balance enhanced amount i.e. `1,27,780/- (2,93,780- 1,66,000 already awarded by the learned tribunal) shall be paid to the appellants, in the manner indicated in the impugned award, within 45 days from the date of receipt of the certified copy of the judgment, failing which, the same shall carry interest @7.5% per annum from the date of filing of the appeal, till its realisation. In view of above, the present appeal is partly allowed with the modification indicated above. 19.12.2011 (JITENDRA CHAUHAN) gsv JUDGE