Jitendra Chauhan, J. - (1.) The present appeal has been filed by the appellant- Insurance Company against the Award dated 05.8.2011, passed by the Learned Motor Accident Claims Tribunal, Yamuna Nagar at Jagadhri (for short 'the Tribunal), awarding compensation of Rs. 11,41,500/- to the claimants-respondents.
(2.) Learned counsel for the appellant-Insurance Company contends that the deceased was employed as Beldar in the State of Haryana. He was receiving the salary of Rs. 8500/- per month, whereas the assessment was carried out on the basis of 6th Pay Commission after taking the salary @ Rs. 11.410/- per month Learned counsel further submits that income assessed is against their part. Further contends that the deduction was made to the extent of Rs. 7,14,000/-, whereas it assessed total dependency to Rs. 9,84,000/- after taking the salary as Rs. 11,410/- per month. No other point has been raised.
(3.) On the other hand learned counsel for respondents No.1 to 4 filed cross- objection, in which it submits that though the benefits of 6th Pay Commission were available to the deceased from the year 2006, therefore, this benefit cannot be withdrawn. So far the deduction is concerned, i.e. based on the actual salary. No observation is required on that assessment. In view of the law laid down consortium is increased to another one lac under the head of funeral in view of Rajesh and others v. Rajbir Singh and others 2013(3) R.C.R.(Civil) 170 : 2013(3) Recent Apex Judgments (R.A.J.) 659 : 2013 ACJ 1403 .;