FAO No. 5738 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 5738 of 2009 (O&M) Date of decision: 11.03.2010 Umar Mohd and another ....Appellants Versus Akram Khan and others ....Respondents CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA Present: -Mr. N.D. Achint, Advocate, for the appellants. VINOD K. SHARMA, J.(ORAL) CM No. 28748-CII of 2009 Allowed. The delay in making good the deficiency in court fee is condoned. CM No. 28749-CII of 2009 For the reasons stated in the application, CM is allowed and the delay of 168 days in refiling the appeal is condoned. FAO No. 5738 of 2009 This appeal, by the claimants, is directed against the award dated 26.07.2008, passed by the learned Motor Accident Claims Tribunal, Gurgaon, vide which the claim petition filed by the claimants under Section 166 of the Motor Vehicles Act, was allowed. The appellants had sought compensation on account of death of Akhtar, who was employed as conductor, while respondent No.1 was the driver. The learned Tribunal, on appreciation of evidence, recorded that the accident in question was caused by respondent No.1, while driving jeep bearing registration No. HR-26-D-3630, in a rash and negligent manner, which resulted into the death of Akhtar. Though, the FAO No. 5738 of 2009 (O&M) -2- claimants claimed income of the deceased to be Rs.5,000/- (Rupees five thousand only) per month, as conductor, but they failed to lead any evidence in support of the stand that, the deceased was employed at a salary of Rs.5,000/- (Rupees five thousand only) per month or he was earning from other source also. The learned Tribunal assessed income of the deceased as Rs.3,600/- (Rupees three thousand and six hundred only) per month and after imposing a cut of 1/3rd towards personal expenses the dependency of the claimants was assessed as 2/3rd. Multiplier of 16 was applied and the compensation payable was assessed as Rs.3,12,400/- (Rupees three lac twelve thousand and four hundred only). The claimants were also held entitled to interest @ 9% per annum from the date of institution of the claim petition till realisation. The compensation awarded cannot be said to be inadequate, which may call for any interference by this Court. The award passed by the learned Tribunal otherwise was upheld by this Court in FAO No. 1990 of 2009 titled Piare Lal Vs. Akram decided on 27.10.2007, wherein it was held that compensation awarded was adequate. The said award having attained finality, and even otherwise, the compensation awarded being adequate, no interference is called for. No merit. Dismissed. (Vinod K. Sharma) Judge March 11, 2010 R.S.