IN THE HIGH COURT OF PUNJAB & HARYANA HIGH COURT AT CHANDIGARH FAO No. 3652 of 2010 Date of Decision: 14.10.2011 Smt. Sarli Devi ....Appellants Versus Shamsher Singh & others . ....Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Sanjay Mittal, Advocate, for the appellant, Mr.Tejinder Joshi, Advocate, for respondent No.3. Mr.Suvir Dewan, Advocate for respondent No.7. ***** JITENDRA CHAUHAN J. (ORAL) CM No. 15862 of 2010 C.M. allowed. Delay in filing the appeal is condoned. FAO No. 3652 of 2010 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 by the Ld. Tribunal was Rs.3,000/- per month which is below the minimum wages as per the notification dated 27.06.2007 issued by State of Haryana according to which the minimum monthly wages were fixed at Rs. 3510/- per month. Hence, the minimum income of the deceased may be assessed as Rs.3510/- per month. Keeping in view the above, this Court feels that the minimum wages, as per the notification dated 27.06.2007 issued by State of Haryana under the Minimum Wages Act, is to be assessed as Rs. 3,510/- per month. The learned Tribunal has applied the multiplier of 11 correctly. Thus, the total amount after applying the multiplier of 11 with the mimimum wages of Rs. 3510/- (3510 x 12=42120) is Rs. 42,120/-. After deduction of 1/3rd expenses on personal use, the annual dependency comes to Rs. 28080/-. The total amount of compensation thus arrived at is Rs. 3,08,880/- (28080 x 11 = Rs. 3,08,880/-). Another amount of Rs. 10,000/- towards the head of 'funeral and consortium' is also granted. The total amount to be awarded comes to Rs. 3,18,880/-. The learned Tribunal has already awarded a sum of Rs. 2,74,000/-. The net enhanced compensation comes to Rs. 44,880/- (Rs. 3,18,880-2,74,000). To make it a round figure, the amount of compensation is rounded off to Rs.45000/-. 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 in the manner and proportion indicated above and award of Ld.Tribunal is modified to the extent indicated above. The enhanced amount of Rs. 45000/- shall be payable within 45 days from the date of receipt of copy of this judgment. In case enhanced amount of Rs.45000/- 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 realised. 14.10.2011 (JITENDRA CHAUHAN) tarunsahni JUDGE Note : Whether to be referred to Reporter ? Yes / No