In the High Court of Punjab and Haryana at Chandigarh ...... F.A.O. No.852 of 2010 ..... Date of decision:27.7.2011 Birmati and others .....Appellants v. State of Haryana and others .....Respondents .... CORAM : HON'BLE MR.JUSTICE MOHINDER PAL. 1. Whether Reporters of Local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? ....... Present: Mr. Anurag Jain, Advocate for the appellants. None for respondents No.1 to 3. Mr. R.C. Kapoor, Advocate for respondent No.4. ..... Mohinder Pal, J. Appellants-claimants Birmati, Sandeep, Andeep and Smt. Lachhmi Devi in this appeal have prayed for increase of compensation of `3,32,580/- awarded vide order/award dated 30.9.2009 passed by the Commissioner under Workmen's Compensation Act, Circle Hissar (hereinafter referred to as `the Commissioner') along with interest at the rate of 12 per cent per annum from the date of accident till realization and F.A.O. No.852 of 2010 [2] for initiating penalty proceedings against the respondents and penalty amount to the extent of 50% of the awarded amount be granted in favour of the appellants. Appellant-Birmati is the widow of Wazir Singh (deceased), appellants-Sandeep and Andeep are sons of Wazir Singh and appellant Smt. Lachhmi Devi is mother of Wazir Singh. Wazir Singh was employed as a driver with respondents No.2 and 3-Haryana Roadways on bus bearing registration No.HR-39A-8431. The bus was insured with the National Insurance Company Limited (respondent No.4). Wazir Singh, while driving the bus on 25.3.2005 at about 7.00 p.m., the tyre of the bus got punctured and when Wazir Singh, driver was taking out the stepney of the bus from its roof so as to change the punctured tyre of the said bus, he was electrocuted from the electricity wire as a result of which he died. DDR No.10 dated 26.3.2005 was registered in this regard at Police Station Lalru, District Patiala. At the time of death, Wazir Singh was aged about 47 years and was getting `10,564/- per month as salary from respondents No.2 and 3. On the claim petition filed by the appellants, the Commissioner awarded the compensation as mentioned above. I have heard Mr. Anurag Jain, Advocate, appearing for the appellants and Mr. R.C. Kapoor, Advocate appearing for respondent No.4 and have perused the records of this case. There is no straitjacket formula by which the amount of compensation can be estimated. However, the same can be gauged keeping in view the status of the parties especially the claimants, the manner in which the accident had taken place, life span of the deceased, expenses incurred on the last rites, agony of the claimants etc. The F.A.O. No.852 of 2010 [3] Commissioner, after appreciating the entire evidence and the fact that the claimants have produced documentary evidence to prove that Wazir Singh (deceased), who was aged about 47 years, was getting monthly salary of `10,564/- from respondents No.2 and 3, took into account minimum wages i.e. `4,000/- per month for the purpose of calculation of compensation and awarded compensation of `3,32,580/-. However no interest or penalty was awarded. The amount of compensation awarded by the Commissioner, keeping in view the facts and circumstances of the case, appears to be quite reasonable. In view of the above, I do not find any ground warranting interference in the impugned award passed by the Commissioner. This appeal is, accordingly, hereby dismissed. July 27, 2011. (Mohinder Pal) Judge *hsp*