IN THE HIGH COURT OF PUNJAB & HARYANA HIGH COURT AT CHANDIGARH FAO No. 6983 of 2010 (O&M) Date of Decision: 14.10.2011 Smt. Rekaha Devi and others ....Appellants Versus Shamsher Singh & others . ....Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Sanjay Mittal, Advocate, for the appellant, Ms.Vandana Malhotra, Advocate, for respondent No.3. Mr.Suvir Dewan, Advocate for respondent No.7. ***** JITENDRA CHAUHAN J. (ORAL) C.M. No.29999-CII of 2010 CM allowed. Delay of 46 days in filing the appeal is hereby condoned. CM stands disposed of. FAO No. 6983 of 2010 (O&M) The instant appeal is directed against the award dated 05.12.2009, passed by the Motor Accident Claims Tribunal, Narnaul, (for short 'MACT'), seeking enhancement. The learned counsel for the petitioner states that at the time of accident the income assessed of Surender @ Manoj Kumar by the Ld. Tribunal is Rs.3,000/- per month which is below the minimum wages as per the notification dated 27.06.2007 issued by State of Haryana which are Rs. 3,510/- per month instead of Rs. 3,000/-. As mentioned above with the assessed amount of Rs.3,000/- per month the multiplier of 17 is applied and the total compensation is awarded as Rs. 4,08,000/- and in addition to this the claimants are also entitled to Rs.10,000/- on account of funeral expenses and consortium, and the compensation would be shared by claimants in the three shares in which Rs. 2 lakhs would be given to the wife of the claimant and Rs. 1.5 lakhs is given to the claimant No.2 son, and Rs. 68000/- to Smt. Shanti Devi, mother of the deceased. The age of the deceased Surender Kumar @ Manoj Kumar as per Exhibit P-3 post-mortem certificate was 28 years and multiplier of 17 is to be applied, which the learned Tribunal has correctly applied. Keeping in view the above, this Court feels that the minimum wages fixed as per the notification dated 27.06.2007 issued by State of Haryana is Rs. 3,510/- per month instead of Rs. 3,000/- per month. and the same allowed. Thus, the total amount after applying the multiplier with the mimimum wages at the rate of Rs. 3510/- per month as notified by the State of Haryana the annual income comes to Rs.42120/- (3510 x 12). After imposing a cut of 1/3rd, the annual dependency comes to Rs. 28080/-. After applying multiplier of 17, the total compensation comes to Rs. 4,77,360/- (28080 x 17= 4,77,360). A sum of Rs. 10000/- has been awarded as funeral expenses and loss of consortium. Thus, the claimants- appellants in all are entitled to receive a sum of Rs. 4,87,360/-. The learned Tribunal has already awarded a sum of Rs. 4,18,000/-. So, a sum of Rs. 69,360/- are hereby enhanced. Smt. Rekha Devi, Master Divyanshu, minor son and Smt. Shanti Devi mother would be entitled to receive the compensation in three equal shares. Against all other heads, an adequate and reasonable compensation has been awarded. To that extent, the award passed by the learned Tribunal is maintained. The appeal is partly allowed and award of Ld.Tribunal is modified to the extent indicated above. The enhanced amount of Rs. 69,360/- shall be paid within 45 days from the receipt of copy of this judgment. In case the enhanced amount is not paid within stipulated period, it shall carry interest at the rate of 6 % per annum from the date of filing of the appeal till it is paid. The liability to pay the compensation of the respondents shall be the same as fixed by the learned Tribunal. 14.10.2011 (JITENDRA CHAUHAN) tarunsahni JUDGE Note : Whether to be referred to Reporter ? Yes / No