FAO No.331 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.331 of 2009 (O&M) Date of Decision: 1.4.2010 Smt.Rano Devi and another ..Appellants. Vs. Sanjeev Kumar and another ..Respondents. CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.Arvind Kashyap, Advocate for the appellants. Mr.Vipin Mahajan, Advocate for the respondents. RAKESH KUMAR JAIN, J. CM No.1319-CII of 200 9 For the reasons mentioned in the application, the same is hereby allowed and delay of 145 days is hereby condoned. Main Case Learned counsel for the appellants has argued that compensation awarded by the learned Commissioner is on the lower side as income of the deceased has not been properly appreciated. It is further submitted that his income has been assessed to the tune of Rs.2500/- whereas he was earning Rs.3000/- towards salary and getting Rs.50/- per day as pocket allowance. Although the argument has been raised but counsel for the appellants has not pointed out any documentary evidence in this regard. On the contrary, the employer has filed written statement in FAO No.331 of 2009 (O&M) -2- which he has alleged that the deceased was getting Rs.2500/- per month. In the absence of any cogent evidence to prove the income of the deceased, this Court cannot enhance the compensation by taking the income of the deceased on the basis of statement of the claimant alone. Thus, in view of the above, I do not find any merit in the present appeal for the purpose of further enhancement of compensation. Hence, the same is hereby dismissed without any order as to costs. (Rakesh Kumar Jain) 1.4.2010 Judge Meenu