FAO No. 907 of 2011 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH FAO No. 907 of 2011 Date of decision May 4, 2011 Smt. Santosh Devi ....... Appellant Versus Rinku and others ........Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. Shakti Gautam, Advocate for the petitioner. **** 1. Whether reporters of local papers may be allowed to see the judgment ?No 2. To be referred to the reporters or not? No 3. Whether the judgment should be reported in the digest?No K. Kannan, J (oral). 1. The appeal is for enhancement of claim for compensation for death of a person said to be aged 45 years. The deceased was said to be an astrologer. The Tribunal took the age of the deceased at 57 years on the basis of the details found in the driving license and discarded the age as given in the post mortem certificate. The Tribunal took the income to be `3300/- and assessed the compensation by applying a multiplier suitable to the age of the deceased. 2. Learned counsel contends that the age was wrongly taken. The Tribunal has only relied on an acceptable document for ascertainment of age. I will therefore not find it to be a wrong assessment. Learned counsel states that the income must be taken at `5,000/-. The FAO No. 907 of 2011 2 counsel also argues that there are decisions of this Court which holds that an astrologer must be taken as an unskilled labourer. I cannot accede to this contention as though it were a point of law. I will rest on a finding given by the Tribunal which on the quality of evidence led, restricted the amount at `3300/-. In the absence of documentary evidence, there is a certain conjecture which has to be made and if the Tribunal has attempted to make an assumption, I will not find it to be arbitrary. A Judge knows the local conditions and I will let it rest there. 3. The award is confirmed and the appeal is dismissed. (K. KANNAN) JUDGE May 4, 2011 archana