FAO No. 7290 of 2011 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH FAO No. 7290 of 2011 (O&M) Date of decision : 3.5.2012 ... Smt. Angrejo Devi and others ................Appellants vs. State of Haryana and others .................Respondents Coram: Hon'ble Mr. Justice K.C. Puri Present: Sh. Inderjit Sharma, Advocate for the appellants ... K.C. Puri, J. There is a delay of 146 days in filing and delay of 54 days in re-filing the present appeal. The same stands condoned on the grounds mentioned in the applications. This is an appeal directed by widow, 3 minor children and mother claiming compensation on account of death of Naresh Kumar, in a motor vehicular accident. The Tribunal partly accepted the claim petition and granted a sum of `6,46,100/-. The income of the deceased was taken as `4,400/- per month. 1/4th amount was deducted in respect of personal expenses of the deceased and monthly dependency was FAO No. 7290 of 2011 -2- taken as `3,300/- and the yearly dependency was taken as `39,600/-. The age of the deceased was 35 years. So, the multiplier of 16 was applied and in this manner, the amount of compensation was calculated as `6,33,600/-. Another sum of `5,000/- was allowed on account of consortium and `5,000/- was allowed on account of funeral expenses and `2,500/- was allowed on account of loss of estate. In this manner, the amount of `6,46,100/- was allowed to the claimants. The claimants have filed the present appeal for enhancement of compensation. Learned counsel for the appellants has submitted that deduction in respect of personal expenses of the deceased should have been 1/5th instead of 1/4th. However, I have considered the said submission, but do not find any force in that submission. According to authority reported as Smt. Sarla Verma and others vs. Delhi Transport Corporation and another 2009 (3) RCR (Civil) 77, where the number of dependents are 4 to 6, deduction should be 1/4th. Deduction of 1/5th is applied only in case the number of family members exceeds 6. Learned counsel for the appellants has further submitted that income of the deceased has been taken on lower side by the Tribunal. The deceased was a Weldor and his income should have been taken as `10,000/- per month. I have considered the said submission, but do not find any force in that submission also. The minimum wages of the skilled FAO No. 7290 of 2011 -3- labourer was `4,106/- per month and the Tribunal has taken the income of the deceased as `4,400/- per month. Except bald statement made by the claimant, there was no evidence regarding the income of the deceased. So, no interference is made out. No other point has been urged before me. So, in view of the above discussion, the appeal is without any merit and the same stands dismissed. ( K.C. Puri ) 3.5.2012 Judge chugh