FAO No. 4204 of 2007 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 4204 of 2007 Decided on : 11-11-2008 Smt. Bati and others ....Appellants VERSUS Balik Ram and others ....Respondents CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. M. S. Tewatia, Advocate for the appellants. MAHESH GROVER, J Office report shows that respondent no. 1 and 2 have received the summons but refused to sign it whereas respondent no. 3 and 4 have been served. No one appears on their behalf. Service is, therefore, complete. This appeal is directed against the award of the Motor Accident Claims Tribunal dated 3.11.2006. The appellants are the claimants who had preferred a claim petition on account of the death of Chotu Ram who died in a vehicular accident which took place on 18.6.2004. The Tribunal assessed the income of the deceased as Rs. 2500/- per month and after applying a cut of 1/3rd for personal expenses assessed dependency as Rs .1667/- per month. Multiplier of 11 was applied considering the age of the deceased to be 44 years to arrive at a compensation of Rs.2,20,044/-. An amount of Rs. 2,000/- was awarded on account of funeral expenses and Rs. 5000/- was awarded on account of loss of consortium. In this manner, total compensation of Rs. 2,27,044/- was FAO No. 4204 of 2007 2 awarded to the claimants by the Tribunal. Dis-satisfied with the award of the Tribunal the appellants are in appeal. It is contended by the learned counsel for the appellants that there is evidence in the shape of Jamabandi Ex. P.3 which shows that the deceased was having agricultural land measuring 4 ½ acres. He is also said to have been engaged in dairy business. It was thus contended that income assessed is on the lower side. After hearing learned counsel for the appellants and perusing the record, I am of the considered opinion that the award of the Tribunal deserves to be modified. Considering the fact there is evidence on record to show that the deceased was having 4 ½ acres of agricultural land it is wrong to assess him as a labourer. There is however no evidence to show that the deceased was having an income from the dairy business. It is common knowledge that the Court while assessing the compensation has to travel in the realm of conjectures. Noticing the fact that the deceased was having some agricultural land to his credit, it is safe to assess his income as Rs. 3,000/- per month. 1/3rd cut on account of personal expenses is just and appropriate and the dependency in this manner comes to Rs. 2,000/- per month i.e. Rs. 24,000/- per annum (2000 x 12= 24000). Multiplier of 13 would meet the ends of justice in the given set of circumstances as the same is in accordance with the Schedule to the Motor Vehicles Act which is guiding factor. Compensation in this manner comes to Rs. 3,12,000/-. An amount of Rs. 20,000/- is awarded on account of funeral expenses and loss of estate etc. Therefore, the total compensation comes to Rs. 3,32,000/-. FAO No. 4204 of 2007 3 The enhanced amount of compensation shall be paid alongwith interest at the rate of 9 % per annum from the date of filing of petition till the date of its realisation. The liability to pay the amount shall be the same as has been determined by the Tribunal. The appeal stands allowed in the aforesaid terms and the award of the Tribunal is modified accordingly. November 11, 2008 (Mahesh Grover) rekha Judge