FAO No. 3504 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 3504 of 2009 Date of decision: 13.01.2010 Mani and another ....Appellants Versus Sukhjit Singh and others ....Respondents CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA Present: -Mr. Deepak Nayar, Advocate, for the appellants. Ms. Nupur Singh, Advocate, for Mr. Ashwani Talwar, Advocate, for respondent No.3. ***** VINOD K. SHARMA, J (ORAL) This appeal by the claimants is directed against the award dated 2.2.2009, passed by the learned Motor Accident Claims Tribunal, Amritsar, vide which the petition filed by the claimants i.e. widow and minor son of the deceased has been accepted and compensation to the tune of Rs.2,34,000/- (Rupees two lac thirty four thousand only) stands granted. There is no dispute qua the finding and the only claim raised is, that compensation, awarded is inadequate. There is, therefore, no necessity to record the facts regarding the accident, and findings on issues framed. The deceased was a labourer. Learned Tribunal took his income to be Rs.2400/- (Rupees two thousand and four hundred only) per month, and made a deduction of 1/3rd income, to assess the dependency of the claimants at 2/3rd of the income. The impugned award qua compensation cannot be sustained, FAO No. 3504 of 2009 -2- as an unskilled able-bodied worker safely earns Rs.3,000/- (Rupees three thousand only) per month. Once it was not disputed that the deceased was working as a labourer, his income, therefore, was to be assessed at Rs.3,000/- (Rupees three thousand only) per month, in absence of any proof of income. The deceased admittedly was an able-bodied person. The dependency of the appellants came to Rs.2,000/- (Rupees two thousand only) per month. Multiplier of 13 was applied by the learned Tribunal by taking the age of the deceased to be 38 years, though it was claimed to be 30 years. The compensation payable for death by taking his income to be Rs.3,000/- (Rupees three thousand only) comes to Rs.3,12,000/- (Rupees three lac twelve thousand only). In addition, the claimants shall, also be held entitled to funeral expenses of Rs.2,000/- (Rupees two thousand only), and a sum of Rs.5,000/- (Rupees five thousand only) towards loss of consortium. The compensation payable to the appellants accordingly is enhanced to Rs.3,19,000/- (Rupees three lac nineteen thousand only). The appellants are also entitled to interest @ 8% on the enhanced compensation from the date of filing of claim petition till payment. Appeal partly allowed, and compensation enhanced to Rs.3,19,000/- (Rupees three lac nineteen thousand only) from Rs.2,34,000/- (Rupees two lac thirty four thousand only) along with interest @ 8% per annum payable from the date of filing of claim petition till realisation . (Vinod K. Sharma) Judge January 13, 2010 R.S.