FAO No.5685 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.5685 of 2010 (In MACT No. 160 of 2007) Date of decision: 9.11.2011 Santosh and another ...Appellants Versus Gurpreet Singh and another ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mrs.Ekta Thakur, Advocate for the appellants. Mr.Ravinder Arora, Advocate for respondent No.2-Insurance Company **** Jitendra Chauhan, J. (Oral) The present appeal has been filed by the appellants- claimants seeking enhancement of the compensation amount awarded by the learned Motor Accident Claims Tribunal, Jind (for short 'the Tribunal') vide award dated 21.2.2009, on account of the death of Sunil, son of the appellants. Learned counsel for the appellant contends that the deceased was a 12th passed student. He was helping his father in the business. He was earning ` 8500/- per month, whereas the learned Tribunal has assessed his income as `15000/- per annum, which is inadequate. He further contends that the learned Tribunal without taking into consideration the age of the parents of the deceased, applied the multiplier of 10, which is inadequate and the same may be enhanced. Per contra, the learned counsel for the respondent- Insurance Company has contended that the learned Tribunal has rightly awarded the FAO No.5685 of 2010 2 compensation and there is no scope of any enhancement. I have heard learned counsel for the parties and perused the record carefully. From the perusal of the record, it reveals that the death of Sunil, son of the appellants occurred in a motor vehicular accident. It is also proved on record that the deceased was 19 years of age at the time of his death and he was a 12th passed student. The learned Tribunal has not considered his future prospects and awarded a sum of ` 2 lacs/- which is inadequate. It was a great shock to the parents on account of untimely death of Sunil. He was helping his father in his business. Therefore, keeping in view the peculiar facts and circumstances of the case, the deceased is to be considered as a skilled worker. In the Notification dated 27.6.2007, issued by the Labour Department, Haryana Government under the Minimum Wages Act, 1948, the minimum wages prescribed under the category of Skilled 'A' is `4030/- per month. It is further averred that the deceased was unmarried at the time of his death. Therefore, as per the law 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 dependency should be assessed as 50% in case the deceased is bachelor. Further it is proved on record, that age of the father of the deceased was 40 years. As per Smt.Sarla Verma's case, the multiplier of 15 instead of 10 should have been applied because the age of the father of the deceased was 40 years at that time. Ordered accordingly. No other point has been urged or agitated by either counsel. In view of the above, the total compensation on account of FAO No.5685 of 2010 3 dependency comes to `4,12,700/- (4030 x 1/2 x 12 x 15 + 50000 (already awarded under conventional heads). The balance amount i.e. `2,12,700/- (4,12,700 -2,00,000, 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. 9.11.2011 (JITENDRA CHAUHAN) gsv JUDGE