FAO No.6211 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.6211 of 2010 (O&M) Date of decision: 13.12.2011 Smt.Girija Tiwari and others ...Appellants Versus Gurmail Singh and another ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.GC Shahpuri, Advocate for the appellants None for respondent No.1. Mr. Pardeep Goyal, Advocate for respondent No.2-Insurance Company **** Jitendra Chauhan, J. (Oral) The present appeal has been filed by the claimant-appellants, seeking enhancement of the compensation amount awarded by the learned Motor Accident Claims Tribunal, Yamunanagar at Jagadhri, (for short 'the Tribunal') vide award dated 22.1.2010, on account of death of Kuber Tiwari, in a motor vehicular accident on 7.11.2008. The only argument raised by the learned counsel for the appellants is that the learned Tribunal erred in not considering Ex.P13, the Pay Slip of the deceased, according to which, the net payable salary was Rs.9820/-, and wrongly assessed the income of the deceased at Rs.7200/- per month, which is against the record. He further contended that the amount awarded under the conventional heads is also on the lower side. FAO No.6211 of 2010 (O&M) 2 On the other hand, learned counsel for respondent No.2- Insurance Company has contended that the compensation awarded by the learned Tribunal is just and adequate. Therefore, there is no scope for any further enhancement. I have heard learned counsel for the parties and perused the record. From perusal of the record, it emerges that the deceased was employed in ISGEC, Yamunanagar at Jagadhri as Shramik in PWD Maintenance. He was a permanent employee. As per Ex.P13, the Pay Slip for the month of October, 2008, which is proved on record, his gross salary was Rs.10,734.28 paise per month and net payable was Rs.9820/-. The learned Tribunal after making deduction of LTA, education allowance, washing allowances and conveyance allowances, assessed his income at Rs.72,00/- per month, which is contrary to the record available on the file. The month salary of the deceased should have been assessed as per his net receipt i.e. Rs.9820/-. Ordered accordingly. The learned Tribunal has rightly assessed the dependency of the deceased of 2/3rd and suitably applied the multiplier of 11. The amount awarded i.e. Rs.20,000/- towards loss of consortium, Rs.20,000/- towards funeral and last rites is just and appropriate. Therefore, no interference is called for. Accordingly, the total compensation comes to Rs.9,04,160/- (9820 (monthly income) x 2/3rd (dependency) x 12 x 11 (multiplier) + 40,000/-( already awarded under the conventional heads). The balance FAO No.6211 of 2010 (O&M) 3 amount i.e. Rs.2,30,560/- (9,04,160 – 6,73,600 (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. 13.12.2011 (JITENDRA CHAUHAN) gsv JUDGE