F.A.O NO. 4560 OF 2007 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O NO. 4560 OF 2007 DECIDED ON : 03.03.2010 Geeta Rani ...Appellant versus Jai Bhagwan and others ...Respondents CORAM : HON'BLE MR. JUSTICE K. C. PURI Present : Mr. Ashish Kumar, Advocate, for the appellant. Mr. N. K. Khosla, Advocate, for respondent No.3-Insurance Company. K. C. PURI, J. (ORAL) This is an appeal directed by widow, minor son and daughter of the deceased, claiming compensation on account of death of Ashok Kumar in a motor vehicular accident. The learned Tribunal, after adjudication, accepted the claim petition. The income of the deceased was assessed as Rs.3000/- per month. The dependency was taken as Rs.2000/- per month, after deducting 1/3rd on account of personal expenses incurred by the deceased on his maintenance. The yearly dependency was calculated as Rs.24,000/-. The age of the deceased was 28 years and the multiplier applied by the Tribunal was 18. In this manner, the amount was calculated as F.A.O NO. 4560 OF 2007 -2- Rs.4,32,000/- (24,000 x 18). Rs.10,000/- was granted on account of last rites and Rs.5000/- on account of loss of consortium and in this manner, the claimants were held entitle to claim Rs.4,47,000/-. Feeling dissatisfied with the above said award, the present appeal has been filed for enhancement of compensation. Learned counsel for the appellant has submitted that claimant-appellant Geeta Rani has stated that the deceased was a mechanic in Hercules Motors, Jhajjar and was drawing a salary of Rs.7000/- per month. The claimant has also examined PW-3 Deepak Sharma, Record Keeper of Hercules Motors, who has proved the Salary Certificate Exhibit P-3 of deceased. From the perusal of the same, it is revealed that the deceased was earning Rs.7000/- per month. It is further argued that the Tribunal has wrongly taken the income of the deceased as Rs.3000/- per month. I have carefully considered the said submissions and have gone through the records. The claimant has only produced the Salary Certificate in which it is mentioned that the deceased was earning Rs.7000/- per month but no supporting pay slips or any other document has been placed on file. So the amount of income assessed by the Tribunal as Rs.3000/- per month in respect of deceased in the year 2003 is on the correct side. The multiplier has also been applied correctly. The deductions regarding personal expenses as F.A.O NO. 4560 OF 2007 -3- 1/3rd is also in consonance of authority “Smt. Sarla Verma & ors. vs. Delhi Transport Corporation & anr.” 2009 (3) RCR (Civil) 77. The Tribunal has also granted Rs.10,000/- on account of last rites and Rs.5000/- on account of loss of consortium. So, in these circumstances, no scope for enhancement is made out. The appeal stands dismissed. MARCH 03, 2010 (K. C. PURI) shalini JUDGE