IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** F.A.O. No.609 of 2011 (O&M) Date of Decision:26.04.2011 Gian Singh and others .....Appellants Vs. Hardeep Singh alias Soni and othes .....Respondents CORAM:- HON'BLE MR. JUSTICE RAKESH KUMAR GARG Present:- Mr. Harsh Nehra, Advocate for Mr. Pravindra Singh, Advocate for the appellants. **** RAKESH KUMAR GARG, J. (Oral) C.M. No.1824-CII of 2011 For the reasons mentioned in the application, which is supported by an affidavit, delay of 83 days in filing this appeal is condoned. F.A.O. No.609 of 2011 This is claimants' appeal for enhancement of compensation. As per findings of the Tribunal, one Malkiat Singh alias Raju son of appellants No.1 and 2 and brother of appellants No.3 and 4 died in a motor vehicle accident. He was about 23 years old at the time of accident. Age of the appellants no.1 and 2, who are the parents of deceased, is 48 years and 46 years respectively whereas appellants No.3 and 4 who are sister and brother of the deceased and are not entitled to claim compensation in the presence of appellants No.1 and 2 being Class-II heirs. Though before the Tribunal, it was claimed that Malkiat Singh was earning Rs.10,000/- per month, however, no cogent evidence was brought on record F.A.O. No.609 of 2011 (O&M) -2- to prove this fact. The Tribunal taking Rs.3,000/- per month as his monthly income, determined annual dependancy of appellants No.1 and 2 at Rs.18,000/- after applying a cut of 50% for personal expenses of the deceased. The Tribunal further applied a mlutiplier of 13 and worked out compensation at Rs.2,34,000/- on account of death of Malkiat Singh payable to appellants No.1 and 2 only. The Tribunal also granted Rs.5,000/- as funeral expenses and Rs.5,000/- as expenses for transportation etc. I have heard the learned counsel for the appellants and perused the impugned award. The compensation has been assessed by the Tribunal keeping in view the relevant factors such as age of the deceased as well as of the appellants, who are the parents and also monthly income of the deceased at Rs.3,000/-. In the absence of any cogent evidence for enhancement, no fault can be found in the findings of the Tribunal. Dismissed. April 26, 2011 ( RAKESH KUMAR GARG ) renu JUDGE