FAO No.6350 of 2010 (O&M) -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.6350 of 2010 (O&M) Date of Decision. 13.05.2011 Smt. Som Wati widow of late Shri Naresh Kumar and others ......Appellants Versus Mubrarik son of Nur Mohammad and others .....Respondents Present: Mr. Sushil Jain, Advocate for the appellants. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? No 2. To be referred to the Reporters or not ? No 3. Whether the judgment should be reported in the Digest? No -.- K. KANNAN J.(ORAL) 1. Delay in filing the appeal is condoned. 2. The appeal is for enhancement of claim for compensation for death of a person who was aged 30 years and who was said to be a mason. The contention of the claimant was that he was earning Rs.9,000/- per month but the Tribunal had taken the income of the deceased at Rs.4,000/-. Learned counsel for the appellants states that in view of evidence of the claimant, Rs.5,000/- must have been accepted as income of the deceased. I cannot accept such a plea in a situation where the Tribunal had merely to consider the oral evidence of the witness and if it had chosen not to accept the evidence of the claimant wholesale, it was making an assessment of what is possible as average income for a mason. I will not find any reason to interfere with FAO No.6350 of 2010 (O&M) -2- the same. 3. As regards the choice of multiplier and the conventional heads of claim, there is no dispute. 4. The award is confirmed and the appeal is dismissed. (K. KANNAN) JUDGE May 13, 2011 Pankaj*