FAO No. 2098 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 2098 of 2011 Date of decision: 3.11.2011 Smt.Babli and others ....Appellants Versus Rajesh Singh and others ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Sudhir Aggawal, Advocate for the appellants Mr.Subhash Goyal, Advocate for respondent No.3- Insurance Company ***** Jitendra Chauhan, J.(Oral) The learned counsel for the appellants refers to the Notification dated 27.6.2007, issued by the Labour Department, Haryana Government, under the Minimum Wages Act, 1948, whereby the minimum wages of the unskilled worker has been prescribed as ` 3510/- per month. Thus, the learned counsel submits that the income ought not to have been assessed less than the income prescribed by the said Act. He further contends that the multiplier of 16 applied by the learned Tribunal is also inadequate because as per the parameters laid down by the Hon'ble Supreme Court in Smt. Sarla Verma and others Vs. Delhi Transport Corporation and another, 2009(3) RCR (Civil) 77 , the same should be 18 as the deceased was 25 years of age at the time of his death. I have heard learned counsel for the parties and perused the record carefully. FAO No. 2098 of 2011 2 From the record, it emerges that the deceased was treated as casual labourer. As per the Notification issued by the Haryana Government under the Minimum Wages Act, the minimum income of a casual labourer has been prescribed as ` 3510/-. Therefore, the income of the deceased is to be considered as per the said Notification. In view of the affidavit tendered by the wife of the deceased and the postmortem report Ex.P1, the age of the deceased is proved to be 25 years. Therefore, the multiplier of 16 applied by the learned Tribunal is also on lower side and as per the parameters laid down by the Hon'ble Supreme Court in Smt.Sarla Verma's case, the same deserves to be enhanced from 16 to 18. Ordered accordingly. The amount of awarded under the conventional heads is just and adequate. In view of the above, the total compensation comes to ` 5,68,620/- (3510 x 3/4 x 12 x 18). The learned Tribunal awarded a sum of ` 3,45,600/-. As such the balance amount i.e. ` 2,23,020/- shall be paid to the appellants/claimants in the manner indicated in the impugned award within 45 days from the date of receipt of the certified copy of this judgment. If the said amount is not paid within the stipulated period, the appellants are also entitled to get interest @ 7.5 % per annum from the date of filing of the appeal, till its payment. In view of above, the present appeal is partly allowed with the modification indicated above. 3.11.2011 (JITENDRA CHAUHAN) gsv JUDGE