FAO No.1418 of 2011 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1418 of 2011 (in RBT-49 of 2010) Date of Decision : 20.12.2011 Prem and another .......Appellants Versus Rashid Khan and others .......Respondents CORAM:- HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Arun Singal, Advocate, for the appellants. Mr. H.N. Sahu, Advocate, for respondent No.1. None for respondent No.2. Mr. M.B. Jain, Advocate, for respondent No.3. **** JITENDRA CHAUHAN, J. (ORAL) The claimant-appellants have approached this Court seeking enhancement of the compensation awarded by the learned Motor Accident Claims Tribunal, Panipat (for short, ‘the learned Tribunal’), vide its Award Dated 03.11.2010. Brief facts of the case in hand are that on 01.07.2009, Sonu, since deceased, along with his father was going on motorcycle bearing registration No.HR-60A-3013. When they reached at Gohana 1 FAO No.1418 of 2011 Flyover, the tanker bearing registration No.HR38J-0768, being driven by the driver, respondent No.1, in a rash and negligent manner, came from Gohana side, and hit against the motorcycle of the deceased. As a result thereof, Sonu and his father Prem, fell down and sustained multiple grievous injuries. The tanker ran over Sonu who died on the spot. An FIR No.435 dated 1.7.2009 was registered at Police Station Chandni Bagh, Panipat. In this background, two claim petitions bearing No.RBT- 49 of 2010 (on account of the death of Sonu, the deceased), and RBT- 50 of 2010 (on account of the injuries sustained by Prem), were preferred before the learned Tribunal, seeking compensation. The learned Tribunal disposed of both the claim petitions vide the impugned Award dated 03.11.2010. The instant appeal is directed against the findings recorded by the learned Tribunal qua RBT-49 of 2010. I have heard the learned counsel for the parties and perused the record. From the impugned Award, it is made out that the learned Tribunal, in the absence of any cogent proof regarding income, has treated the deceased as unskilled labour and assessed his monthly income as `3,000/-. He being unmarried at the time of his death, the dependency was assessed as ½ . After applying the multiplier of 16, the compensation under the head of dependency has been assessed to `2,88,000/- [`3,000/- X ½ X 12 X 16]. Another amount of `10,000/- has been awarded towards transportation of the dead body, funeral and last rites expenses etc. 2 FAO No.1418 of 2011 In the facts and circumstances of the present case, this Court feels that the ends of justice would be met in case another amount of `10,000/- is granted to the claimant-appellants. It is ordered accordingly. The enhanced amount of compensation of `10,000/- shall be paid to the claimant-appellants within a period of 45 days from the date of receipt of a certified copy of this judgment, failing which, they shall also be entitled to the interest @ 7.5% from the date of filing the appeal, till its realization. Accordingly, the present appeal is partly allowed and the impugned Award dated 03.11.2010 is modified to the extent indicated above. ( JITENDRA CHAUHAN ) 20.12.2011 JUDGE atulsethi Note: Whether to be referred to reporter ? Yes/No 3