FAO No.1791 of 2011 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1791 of 2011 (O&M) Date of decision: 31.10.2011 Rajwinder Kaur @ Raj Kaur and others ....Appellants Versus Jagsir Singh and others ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Harshit Jain, Advocate for the appellants Mr.Munish Raj, Advocate Mr.GS Nahel, Advocate for respondent Nos. 1 and 2. Ms.Suvir Dewan, Advocate for respondent No.3-Insurance Company ***** Jitendra Chauhan, J.(Oral) CM No.5524-CII of 2011 Despite notice, reply has not been filed by the respondents. Keeping in view the averments made in the application, delay of 25 days in filing the appeal is hereby condoned. Application stands disposed of. FAO No.1791 of 2011 The present appeal has been filed by the appellants-claimants, seeking enhancement of the compensation amount awarded by the learned FAO No.1791 of 2011 (O&M) Motor Accident Claims Tribunal, Sangrur, (for short 'the Tribunal') vide Award dated 25.9.2010, on account of death of Gurmeet Singh, in a motor vehicular accident on 19.12.2009. The only argument raised by the learned counsel for the appellant is that the appellant was a mason, but the learned Tribunal without considering the minimum wages, assessed his income at `3000/- per month. I have heard learned counsel for the parties and perused record carefully. From the perusal of the record, it emerges that there being no documentary evidence regarding salary of the deceased, the learned Tribunal assessed his income at `3000/- per month being a skilled mason. However, as per the Notification dated 1.9.2009, issued by the State of Punjab under the Minimum Wages Act, the minimum wages of a skilled worker has been prescribed as ` 3642/- per month. Therefore, the minimum income of the deceased ought to have been assessed at `3642/-. Thus, the dependency is held to be `3642/- per month. Ordered accordingly. The amount awarded under the conventional heads is just and adequate. No other point has been agitated by the counsel for the parties. Accordingly, the total compensation comes to ` 4,78,892/- (3642 (income per month) x 3/4th (dependency) x 12 x 14 (multiplier) + 20000(already awarded under conventional heads). The balance enhanced amount i.e. `80,892/- (4,78,892 - 3,98,000 (already awarded by the learned Tribunal) shall be paid to the claimants/appellants, in the manner indicated in the impugned award, within 45 days from the date of receipt of the FAO No.1791 of 2011 (O&M) certified copy of the judgment, failing which, the same shall carry interest @ 7.5% per annum, from the date of filing of the appeal, till its realisation. The present appeal is partly allowed and the impugned award is modified to the above extent. 31.10.2011 (JITENDRA CHAUHAN) gsv JUDGE