FAO No.1140 of 2011 (O&M) -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1140 of 2011 (O&M) Date of Decision. 11.05.2011 Smt. Babli aged 35 years widow of Suresh Kumar and others ......Appellants Versus Ram Karan son of Jarnail Singh and others .....Respondents Present: Mr. Ajit Atri, Advocate for Mr. Ashit Malik, Advocate for the appellants. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? No. 2. To be referred to the Reporters or not ? No. 3. Whether the judgment should be reported in the Digest? No. -.- K. KANNAN J.(ORAL) 1. Delay in filing the appeal is condoned. 2. The appeal is against the assessment of compensation for Rs.5,30,000/- in a case where the deceased was stated to be 42 years of age as per postmortem and 36 years as per the averment in the petition. The claimants were the widow, two minor children and mother. The Tribunal took the income of the deceased as Rs.4,000/-, made a deduction of 1/4th for personal expenses and adopted a multiplier of 14 to determine the compensation. 3. Learned counsel states that the case related to the year 2009 and the assessment of income at Rs.4,000/- for a mason, who was a semi-skilled person was grossly low. The income of Rs.4,000/- must be taken to be the average income and it cannot be said that a mason is FAO No.1140 of 2011 (O&M) -2- employed throughout the year. In the absence of any better proof, the Tribunal has taken the average income of the deceased at Rs.4,000/-. I have no reason to differ with the same. The overall compensation of Rs.5,30,000/- as assessed by the Tribunal conforms to law and the case itself has been decided only on the scales of compensation as suggested by the Hon'ble Supreme Court in Sarla Verma Vs. DTC 2009(6) SCC 121. 4. The award is confirmed and the appeal is dismissed. (K. KANNAN) JUDGE May 11, 2011 Pankaj*