JUDGMENT Mr. 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, Sonipat (for short ‘the Tribunal’), vide Award dated 18.1.2011, on account of death of Randhir Singh, in a motor vehicular accident on 15.2.2010. 2. Learned counsel for the appellants contends that the deceased was running a ration depot and had been earning Rs.25,000/- per month. However, the learned Tribunal assessed his income at Rs. 4200/-, which is on the lower side. 3. On the other hand, the learned counsel appearing for the respondent-Insurance Company submits that there is no cogent proof of income of the deceased. She prays for dismissal of the present appeal. 4. I have heard the learned counsel for the parties and perused the record carefully. 5. Death of Randhir Singh in a vehicular accident is not in dispute from the testimony of PW3 Shalinder Dutt, it is established that the deceased was running a ration depot since 28.11.2002. The licence of the depot was valid upto 31.3.2010, operation of a Ration Depot involves procurement, storage, selling and accounts keeping. Therefore, it can safely be presumed that the deceased was a skilled worker. Even in the absence of any proof of income from the Ration Depot, mere fact that he was operating it for the last more than 8 years quantifies him to be rated as a skilled worker. As per the Notification dated 12.3.2010, issued by the Labour Department, Haryana Government under the Minimum Wages Act, the minimum wages of a skilled labour category ‘A’ was Rs. 4604.23/- per month. Therefore, the income of the deceased is enhanced from Rs. 4200/- per month to Rs.4604.23 /- per month. No other point has been raised. 6. Accordingly, the total compensation comes to Rs. 5,15,648/- ( 4604 (monthly income) x 2/3rd (dependency) x 12 x 14 (Multiplier). The balance enhanced amount i.e. Rs.45,248/- (5,15,648 -4,70,400 (already awarded by the learned Tribunal) shall be paid to the claimant-appellants, in the manner indicated in the impugned Award, within 45 days from the date of the receipt of the certified copy of the judgment, failing which, the appellant shall be entitled to get interest @ 7.5% per annum from the date of the filing of the appeal till its realisation. The amount awarded under the conventional heads will remain the same.
The amount awarded under the conventional heads will remain the same. 7. In view of the above, the present appeal is partly allowed and the impugned Award is modified to the above extent. ------------------