FAO No. 5885 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 5885 of 2010 Date of decision: 9.11.2011 Smt.Munesh Devi and others ...Appellants Versus Ikram and others ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.HN Sahu, Advocate for the appellants. Mr.Sarfraj Hussain, Advocate for respondent No.1. Ms.Vandana Malhotra, Advocate for respondent No.3 **** Jitendra Chauhan, J. (Oral) The present appeal has been filed by the appellants, seeking enhancement of the compensation amount awarded by the learned Motor Accident Claims Tribunal, Panipat (for short 'the Tribunal') vide award dated 3.11.2008, on account of death of Satpal Tyagi. Learned counsel for the appellants contends that Satpal Tyagi died in a motor vehicular accident on 10.10.2007. He left behind his wife, mother and four minor children. He further contends that the deceased was earning `.30,000/- per month by doing business of property dealing and agriculture work. However, the learned Tribunal has by taking him as a casual labourer, assessed his income as ` 35,00/- per month plus loss of ` 1000/- p.m. from agricultural income, which is inadequate. He further contends that the learned Tribunal wrongly assessed the dependency as 2/3rd, whereas there are six dependents and as per Smt. Sarla Verma and FAO No. 5885 of 2010 2 others Vs. Delhi Transport Corporation and another, 2009(3) RCR (Civil) 77 , the dependency should have been assessed as 3/4th. He further contends that the learned Tribunal awarded a meager amount i.e. Rs.15000/- towards the transportation of the dead body and funeral expenses and loss of consortium. On the other hand, learned counsel for the respondents contends that the learned Tribunal has rightly awarded the compensation as per the Scheduled appended with the Motor Vehicles Act and therefore, there is no scope of any enhancement. I have heard learned counsel for the parties and perused the record carefully. It is admitted on record that death of Satpal Tyagi occurred on account of motor vehicular accident on 10.10.2007. Regarding the first contention of the appellants, there being no proof of income of the deceased, the learned Tribunal has rightly assessed his income as ` 45,00/- per month under the Minimum Wages Act. The multiplier is rightly assessed in view of the age of the deceased. Regarding, dependency, the learned Tribunal has wrongly assessed the same, because as per Smt.Sarla Verma's case, there being six dependents, 3/4th dependency should have been assessed. Ordered accordingly. Accordingly, the total compensation comes to Rs. 5,26,500/- (4500 x 3/4 x 12 x 13). Further the learned Tribunal awarded a sum of Rs.15,000/- under the conventional heads, which is on the lower side. The deceased was the only bread earner in the family. Therefore, further amount of `5000/- is granted to the appellants, which would meet the ends of justice. FAO No. 5885 of 2010 3 Accordingly, the total enhanced dependency amount i.e. Rs.63500/- (526,500-4,68,000, already awarded by the learned Tribunal + 5000) shall be paid to the appellants in the manner indicated in the impugned award within 45 days from the date of receipt of the certified copy of this judgment. If the said amount is not deposited within the stipulated period, the appellants shall be entitled to get the interest @ 7.5 % per annum from the date of filing of the appeal, till its realisation. In view of above, the present appeal is partly allowed with the modification indicated above. 9.11.2011 (JITENDRA CHAUHAN) gsv JUDGE