FAO No.4917 of 2008 (O&M) [ 1 ] IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH ... FAO No.4917 of 2008 (O&M) Decided on : August 03, 2009 Birmati and others ... Appellants VERSUS Mohd. Rashid @ Kalu Ram and others ... Respondents CORAM : HON'BLE MR.JUSTICE A.N.JINDAL Present: Mrs.Varsha Gahlawat, Advocate for the appellants. Mr.Paul S.Saini, Advocate for respondents No.3 – Insurance Company. A.N.JINDAL, J.- This appeal for enhancement of compensation is directed against the award dated 28.5.2008 passed by Motor Accident Claims Tribunal, Rohtak, whereby, the claimants/appellants (herein referred as ` the claimants') were awarded a sum of Rs.4,00,000/-, on account of the death of Mehar Singh, aged about 55 years in a motor vehicle accident. Without challenging the multiplier method, they have only urged that the income of the deceased has not been assessed properly at the time of assessing the compensation. It is also contended that on the other heads as well, meagre compensation was awarded. Heard. The deceased being posted in the Co-operative Sugar Mills, Rohtak was drawing salary of Rs.7227/- per month. He was 55 years old at FAO No.4917 of 2008 (O&M) [ 2 ] the time of death. However, since, it was seasonal industry, therefore, in off season, he was paid only Rs.3613/- per month i.e, half salary. In this manner, it appears that the Tribunal has rightly calculated the income at Rs.65,000/- per annum and after deducting 1/3rd of the amount as self- expenses, the net dependency comes to be Rs.43,360/-, per annum and after applying multiplier of 9, net compensation comes to Rs.3,90,340/-. Learned counsel for the claimants has urged that during the off season, the deceased being an agriculturist and having a tractor must be earning sufficient income to pull on his family, but in the absence of any evidence, it is difficult to hold that he had been doing extra work in the off- season period. Thus, finding no fault with the observations of the Tribunal, the argument of the claimants is not sustained. However, the Tribunal appears to have not made any justification while assessing Rs.2,000/- towards funeral expenses, Rs.2500/- towards loss of estate and Rs.5,000/- for the loss of consortium, which appear to be too meagre. Moreover, no amount has been awarded on account of transportation of the dead body, as such, the compensation deserves to be paid or enhanced on the aforesaid heads. Consequently, the claimants are held entitled to Rs.10,000/- on account of funeral expenses, Rs.10,000/- on account of loss of estate, Rs.10,000/- on account of loss of consortium and Rs.5,000/- on account of transportation charges, over and above the awarded amount. Accordingly, the appeal is partly allowed with the above modification in the impugned award. However, it is directed that the enhanced amount shall be paid to the claimants within 45 days of the FAO No.4917 of 2008 (O&M) [ 3 ] receipt of a certified copy of this order by the respondents, failing which the claimants would be entitled to interest on the enhanced amount at the same rate as awarded by the Tribunal. August 03, 2009 ( A.N.JINDAL ) `gian' JUDGE