F.A.O.No. 4779 of 2007 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.No. 4779 of 2007 (O&M) Date of Decision : 11.12.2008 Sunita Rani & others ....Appellants Versus Ramesh & others. ...Respondents CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Mr. Sunil Saharan, Advocate for Mr. Jitender Dhanda, Advocate for the appellants. None for the respondents. ..... MAHESH GROVER, J. Delay in filing is condoned. This is an appeal by the claimants directed against the award of the Motor Accident Claims Tribunal, Hisar dated 30.9.2006. Munshi Ram son of Hira Ram aged 30 years died in an accident which took place on 6.10.1997. A claim petition was preferred by his widow, four minor children and mother. It was stated by the claimants that the deceased was working as a saw mill operator and was earning almost Rs.15,000/- per month from the saw mill. Another sum of Rs.5,000/- was attributed to his monthly income from agriculture. The Tribunal assessed the income of the deceased at F.A.O.No. 4779 of 2007 -2- Rs.2,100/- per month and deducted 1/3rd for personal expenses. The dependency was assessed at Rs.1,400/- and a multiplier of 16 was applied to arrive at a figure of Rs.2,68,800/-. Rs.3,200/- were awarded on account of expenses on last rites. Thus, a total compensation of Rs.2,72,000/- was awarded. Dissatisfied with the award, the appellants are in appeal. No one appears for the respondents despite service. After hearing the learned counsel for the appellants and perusing the award, I am of the considered opinion that the award deserves to be modified. There is no proof of the income of the deceased which has been claimed to be Rs.20,000/- per month. The claimants have stated that he was working in a saw mill and, therefore, it can be safely inferred that he would be regularly employed in the saw mill and would be certainly placed better than an ordinary labourer who would not be getting regular employment on all days. He can be placed in the category of a semi-skilled worker as he was working in a saw mill. The Court is of the considered opinion that it would be just and appropriate if the income of the deceased is assessed at Rs.3,000/- per month. He was survived by his widow, four minor children and mother. Keeping in view the number of dependents, it would be just and appropriate if the deduction of 1/4th is made to the income. The dependency, in this manner, works out to Rs.2,250/- per month or Rs.2,70,000/- per annum. The deceased was 30 years and the multiplier of 17 would be just and adequate keeping in view the schedule to the Motor Vehicles Act which is the guiding factor. In this manner, the F.A.O.No. 4779 of 2007 -3- compensation comes to Rs.2,70,000 x 17=4,59,000/-. Rs.10,000/- are also awarded on account of loss of consortium. Thus, the total compensation works out to Rs.4,69,000/-. The enhanced amount of compensation shall be paid to the appellants along with interest @ 9% per annum from the date of filing of the petition till the date of its realisation. The liability to satisfy the award shall be the same as has been determined by the Tribunal. With the aforesaid modification in the impugned award, the appeal stands disposed of. 11.12.2008 (MAHESH GROVER) JUDGE dss