IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2471 of 2010(O&M) Date of decision: September 13, 2011 United India Insurance Co.Ltd. through its Deputy Manager …Appellant Versus Babita and others. …Respondents CORAM : HON'BLE MR. JUSTICE MOHINDER PAL Present:- Mr.Gopal Mittal, Advocate for the appellant. Mr.Shagun Chaudhary, Advocate for respondents no.1 to 3 Mr.Pawan Girdhar, Advocate and Ms.Sumanjit Kaur, Advocate for respondent no.4 *** MOHINDER PAL, J. The claimants Babita and her two minor sons, now respondents no.1 to 3 have filed claim application under Section 22 of the Workmen’s Compensation Act, 1923 for award of compensation on account of death of Ram Niwas, who died during the course of employment of respondent no.4. The claimants/respondents no.1 to 3 were awarded compensation to the tune of Rs.3,88,820/- along with interest, vide order dated 26.02.2010 passed by Commissioner under Workmen’s Compensation Act, Panipat-2 (hereinafter referred to as the ‘Commissioner’) Commissioner held that Insurance Company is liable to pay the amount of compensation along with interest. FAO No.2471 of 2010(O&M) -2- Against the decision of the Commissioner, the Insurance Company filed the present appeal for setting aside the award passed by the Commissioner. In this case, notice of motion was given only with regard to the amount which has been awarded towards funeral expenses vide order dated 13.05.2010. I have heard Mr.Gopal Mittal, Advocate for the appellant, Mr.Shagun Chaudhary, Advocate for respondents no.1 to 3 and Mr.Pawan Girdhar and Ms.Sumanjit Kaur, Advocates for respondent no.4 and have gone through the record. The Commissioner in para no.15 of the judgment awarded Rs.25,000/- as funeral expenses on account of the death of the deceased. Learned counsel for the appellant has submitted that there is no provision under the Act for the grant of funeral expenses and further if the total amount of compensation amount is calculated then the funeral expenses awarded by the Commissioner comes to Rs.2500/- only and there is typographical mistake in mentioning Rs.25,000/- as funeral expenses. Learned counsel for the respondents admitted that there is typographical mistake in the orders passed by the Tribunal with regard to funeral expenses and he has no objection, if the amount if corrected and funeral expenses be treated as Rs.2500/-. The funeral expenses awarded by the Commissioner are quite reasonable. Keeping in view the typographical mistake with regard to funeral expenses in the award and the respondents having no objection, the same is treated as Rs.2500/- as funeral expenses on account of the death of the deceased. FAO No.2471 of 2010(O&M) -3- Learned counsel for the appellant has stated that the total amount mentioned in award is Rs.3,88,820/- and the amount of Rs.2500/- towards funeral expenses has already been included and there is no need to further enhance the compensation amount. The respondents have admitted that they have not filed any cross appeal for enhancement of compensation. Resultantly, this appeal is disposed of and the award of the Commissioner is upheld by modifying the amount of funeral expenses as Rs.2500/- and the amount of compensation in total comes to Rs.3,88,820/- to which the claimants/respondents 1 to3 are entitled. It is clarified that the amount of interest will remain the same as awarded by the Commissioner as the appeal was admitted only qua funeral expenses of the deceased. (MOHINDER PAL) JUDGE September 13, 2011 p.singh