F. A. O. No. 138 of 2009 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Case No. : F. A. O. No. 138 of 2009 (O&M) Date of Decision : May 05, 2009 Randhir Singh and others .... Appellants Vs. Santosh Kumar and others .... Respondents CORAM : HON'BLE MR. JUSTICE L. N. MITTAL * * * Present : Mr. Ashish Aggarwal, Advocate for Mr. Ashit Malik, Advocate for the appellants. * * * L. N. MITTAL, J. (Oral) : C. M. No. 563-C-II of 2009 : For the reasons mentioned in the application, which is accompanied by affidavit, delay of 222 days in filing the appeal is condoned. Main Appeal : This is appeal by claimants for enhancement of compensation awarded by learned Motor Accident Claims Tribunal, Karnal vide Award dated 02.02.2008 for death of Smt. Santosh wife of appellant no.1 and mother of minor appellants no.2 and 3 caused in a motor vehicular accident. The claimants alleged that the deceased besides rendering household services to the claimants, was also doing knitting and stitching F. A. O. No. 138 of 2009 (O&M) 2 work thereby earning Rs.4,000/- per month. Claimant no. 1 made oral statement to this effect in the witness box, but no other evidence whatsoever was led to substantiate this plea. The Tribunal held that no such income of the deceased is proved. However, the Tribunal assessed the pecuniary value of household services being rendered by the deceased to the claimants at Rs.3,000/- per month and after deducting 1/3rd towards her personal expenses, assessed the dependency to be Rs.2,000/- per month. For deceased aged 36 years, multiplier of 16 has been applied. In addition, a sum of Rs.10,000/- has also been awarded for last rites of the deceased. Learned counsel for the appellants contended that the deceased was earning Rs.6,000/- per month by knitting and stitching work. The contention is untenable because even claimant no.1 stated that the deceased was earning Rs.4,000/- per month by knitting and stitching work. However, bald and self-serving statement of claimant no.1 regarding said income of the deceased cannot be accepted in the absence of any other evidence whatsoever. No customer of the deceased for the said work has been examined as witness nor any account of alleged income of the deceased has been produced. The Tribunal, therefore, rightly assessed the pecuniary value of the household services being rendered by the deceased and awarded compensation accordingly. The compensation awarded by the Tribunal is very just, fair and reasonable and does not deserve to be enhanced. In view of the aforesaid, finding no merit in the instant appeal, the same is hereby dismissed. May 05, 2009 ( L. N. MITTAL ) monika JUDGE