FAO No. 4267 of 2007 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 4267 of 2007 Decided on : 25-11-2008 Smt. Anguri Devi and another ....Appellants VERSUS Ajaib Singh and others ....Respondents CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. Anurag Chopra, Advocate for the appellants. Mr. Rajesh Malik, Advocate for respondent no.2. Mr. T.S.Gujral, Advocate for respondent no.3. MAHESH GROVER, J This appeal is directed against the award of the Motor Accident Claims Tribunal dated 16.4.2007. In an accident which took place on 28.11.2004 Ashok Kumar lost his life. He was aged 25 years. The claim petition was preferred by his parents and the Tribunal awarded a total compensation of Rs. 1,10,000/- by taking the notional income of the deceased as Rs. 3000/- per month and the dependency at Rs. 1500/- per month. Multiplier of 5 was applied to arrive at the aforesaid compensation. Dis-satisfied with the award, appellants are in appeal. After hearing learned counsel for the parties, I am of the considered opinion that the award of the Tribunal is inadequate. The Tribunal has assessed the notional income of the deceased as Rs. 3000/- per FAO No. 4267 of 2007 2 month. There is some evidence on record to show that he was working as watch repair mechanic and was a semi-skilled person. Therefore, his earning should have been slightly more than Rs .3000/- per month. In the opinion of this Court, ends of justice would be squarely met if the income is assessed as Rs. 3500/- per month. A cut of 1/3rd on account of personal expenses would be just and appropriate. In this manner, dependency comes to Rs. 2333/- per month which is rounded off to Rs. 2335/- per month ie. 28,020/- per annum. Multiplier of 8 would be just and adequate in the given set of circumstances. In this manner, total compensation comes to Rs. 2,24,160/-. Rs. 10,000/- is awarded for funeral expenses and another sum of Rs.50,000/- is awarded for loss of love and affection to the parents on account of death of the young son. Therefore, the total compensation comes to Rs. 2,84,160/-. The enhanced amount of compensation shall be paid alongwith interest at the rate of 9 % per annum from the date of filing of petition till the date of its realisation. The liability to pay the amount shall be the same as has been determined by the Tribunal. The appeal stands allowed in the aforesaid terms and the award of the Tribunal is modified accordingly. November 25 , 2008 (Mahesh Grover) rekha Judge