FAO No.441 of 1992 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.441 of 1992 (O&M) Date of decision June 3,2011 Kamlesh and others ....Appellants Versus Surja and others ...Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present: Mr. Harsh Aggarwal, Advocate for the appellants. None for respondent Nos. 1 and 2. Mr. R. C. Kapoor, Advocate for respondent No.3. K. Kannan, J (oral) 1. The appeal is for enhancement of claim for compensation for death of a male aged 27 years leaving behind a large family of 7 dependents. The Tribunal had assessed the income at `1,200/-provided for deduction of 1/3rd and applied a multiplier of 16. Learned counsel contends that he had 3 or 4 persons working under him and the income which was stated by the claimants at `3,000/- was itself modest and the Tribunal was erroneous in taking the income to be only at `1,200/-. He could not have supported a large family with the salary which has been assumed by the Tribunal. Learned counsel for the Insurance Company defends the award by stating that the claimants did not file the accounts, although it was FAO No.441 of 1992 (O&M) 2 stated that the deceased was maintaining accounts. The Tribunal reasoned that he was not an income tax assessee, therefore his income must have been any way less than the taxable limit. I do not think the non-production of documentary evidence has any significance for, in respect of an accident that had taken place in the year 1990, income of `3,000/- for a tailor who was employing 3 to 4 persons and maintaining a large family of seven members cannot be said to be excessive. I accept the plea made on behalf of the claimants and take the income at `3,000/- and provide for 1/5th deduction for personal expenses and take the contribution to the family at `2400/-. I will apply a multiplier of 17 against 16 taken by the Tribunal already and hold the loss of dependency at `4,88,600/-. I will add towards conventional heads of claim for compensation, an additional amount of `12,400/- to round off the claim to `5,00,000/-. The amount in excess of what has been awarded by the Tribunal shall carry interest at the rate of 6% per annum from the date of petition till the date of payment. The amount shall be distributed equally amongst the widow and children. The liability shall be in the same manner as determined by the Tribunal. 2. The award stands modified and the appeal is allowed to the above extent. June 3,2011 (K.KANNAN) archana JUDGE