FAO No.2321 of 2008 (O&M) [ 1 ] IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH ... FAO No.2321 of 2008 (O&M) Decided on : August 20, 2009 Smt.Shankuntala and another ... Appellants VERSUS Rajesh son of Ram Singh and others ... Respondents CORAM : HON'BLE MR.JUSTICE A.N.JINDAL Present: Mr.Saurabh Dalal, Advocate for the appellants. Mr.Pardeep Goyal, Advocate for the respondent – Oriental Insurance Company. A.N.JINDAL, J.- CM No.14641-CII of 2008 is allowed and the delay of 79 days in filing the appeal is condoned. Challenge in this appeal is to the award dated 25.9.2007 passed by the Motor Accident Claims Tribunal, Rohtak, whereby, compensation to the tune of Rs.2,42,600/- along with interest @ 6% per annum, was granted to the appellants – claimants (herein referred as `the claimants') on account of the death of Ashok Kumar in a motor vehicle accident. The deceased was 16 years of age and the parents of the claimants were in 40s at the time of the accident, and, thus, the Tribunal has rightly applied the multiplier as the deceased was likely to be married FAO No.2321 of 2008 (O&M) [ 2 ] within a few years as rightly observed by the Tribunal and in that eventuality, his contribution towards his parents would have reduced and towards his wife and children would have increased. However, it has been urged that the income of the deceased was wrongly calculated at the rate of 2400/- per month, whereas, the Tribunal should have calculated his income at Rs.100/- per day, which comes to Rs.3000/- per month. Keeping in view the minimum wages being earned by a labourer per day, the contention of the counsel with regard to the assessment of the monthly income of the deceased is accepted and it is assessed at Rs.3000/- per month. Thus, while assessing the income of the deceased at the aforesaid rate, the claimants are held entitled to Rs.72,000/- over and above the award amount. Appeal is partly accepted accordingly. August 20, 2009 ( A.N.JINDAL ) `gian' JUDGE