IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1800 of 2000(O&M) Date of decision: 30.4.2009 Natha Singh and others ......Appellant(s) Versus Tejwinder Singh and others ......Respondent(s) CORAM:- HON'BLE MR. JUSTICE RAKESH KUMAR GARG * * * Present: Mr. Jatinder Singh, Advocate for the appellant(s). * * * Rakesh Kumar Garg, J. CM No.190-CII of 2009 After hearing learned counsel for the appellants, order dated 5.12.2008 is recalled. The appeal is restored to its original number. FAO No.1800 of 2000(O&M) The claimants have filed this appeal for enhancement of compensation as awarded by the MACT, Bathinda. Gurjant Singh son of appellants No.1 and 2 died in a road accident on 4.10.1998 at the hands of respondent No.1-driver of a bus bearing registration No.PB-11C/9526 belonging to PRTC, Patiala. The income of deceased-Gurjant Singh was determined at Rs.1,500/- per month. After making a cut of 50%, the annual dependency was fixed at Rs.9,000/- per annum applying a multiplier of 16 a sum of Rs.1,44,000/- along with interest at the rate of 12% per annum from the date of the application till its realization was awarded by the Tribunal. The learned counsel for the appellants has vehemently argued that the dependency of the deceased has been determined on the lower side and therefore, the compensation is liable to be enhanced. Learned FAO No.1800 of 2000(O&M) -2- counsel for the appellants has referred to statement of Gurmail Kaur, mother of the deceased, who has stated that the deceased was earning Rs.15,000/- per month since he was having 8-9 buffaloes. However, the said statement of PW-2, which is not corroborated by any further evidence, was not taken into account by the Tribunal and income of the deceased who was 17 years of age at the time of accident was fixed at Rs.1500/- per month. Since there is no evidence to support the contention of the learned counsel for the appellants for enhancing the compensation, I find no merit in this appeal. Dismissed. April 30, 2009 (RAKESH KUMAR GARG) ps JUDGE