FAO No.1861 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1861 of 2011 (in MACT No.208 of 2009) Date of decision: 14.11.2011 Smt.Sapna and others ....Appellants Versus Mahabir Singh and others ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Atul Yadav, Advocate for the appellants Mr.SK Yadav, Advocate for respondent Nos. 1 and 2. Ms.Vandana Malhotra, Advocate for respondent No.3. ***** Jitendra Chauhan, J.(Oral) The present appeal has been filed by the claimant-appellants seeking enhancement of compensation amount awarded by the learned Motor Accident Claims Tribunal, Rewari (for short 'the Tribunal') vide award dated 15.10.2010, on account of death of Raju alias Deen Dayal. I have heard learned counsel for the parties and perused the record carefully. From the perusal of the record, it emerges that the death of Raju alias Deen Dayal, husband of appellant No.1 and father of appellants No.2 and 3, occurred in a motor vehicular accident on 7.8.2009. There being no FAO No.1861 of 2011 2 proof of income, the learned Tribunal assessed his income at ` 3000/- per month as a daily wager and after deducting 1/3rd towards the personal expenses of the deceased, awarded a sum of ` 3,84,000/- under the 2nd Schedule of the Motor Vehicles Act. The deceased was the only bread earner in the family. He left behind his wife and two minor children. Therefore, keeping in view the peculiar facts and circumstances of the case, the income of the deceased is to be considered at ` 3300/- per month instead of ` 3000/- per month. The amount awarded under other various heads is juts and reasonable. The multiplier is also correctly applied as 16. No other point has been urged or agitated by either counsel. Accordingly, the total compensation comes to ` 4,22,400/- (3300 x 2/3 x 12 x 16). The balance amount i.e. ` 38,400/- (4,22,400 - 3,84,000, which is already awarded by the learned Tribunal) shall be paid to the appellants in the manner indicated in the impugned award within 45 days from the date of receipt of the certified copy of the judgment, failing which, the same shall carry interest @ 7.5 % per annum from the date of filing of the appeal, till its realisation. In view of above, the present appeal is partly allowed with the modification indicated above. 14.11.2011 (JITENDRA CHAUHAN) gsv JUDGE