Paramjit Singh & ORS v. Lal Chand And Others

FAO-610-2000 (O&M) 202-4

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH FAO-610-2000 (O&M) Date of decision : 24.01.2018 Paramjit Singh and others ... Appellant(s)

Versus

Lal Chand and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL

Present:

Mr. Vinod Kumar Kataria, Advocate for the appellant(s).

Mr. Paul S. Saini, Advocate for the respondent(s)/Insurance Company.

**** AMIT RAWAL, J. (ORAL) The present appeal has been filed by the claimants for enhancement of the compensation against the award dated 01.09.1999 rendered by the Tribunal, whereby the compensation of `15,000/- along with interest 12% per annum has been awarded on account of accidental death of two buffaloes and injury to one calf buffalo, in a motor accident occurred on 08.06.1995.

Learned counsel appearing on behalf of the appellantsclaimants submits that the Tribunal has awarded the compensation to the tune of `15,000/-, which is on lower side. The claimants were earning an income of `6,000/- per month approximately by selling the milk of the buffaloes (deceased), thus, urges this Court for enhancement. On the other hand, learned counsel appearing on behalf of the Yogesh Sharma 2018.02.07 11:33 I attest to the accuracy and integrity of this document

FAO-610-2000 (O&M) Insurance Company submits that the Tribunal has rightly awarded the compensation of `15,000/- on account of accidental death of two buffaloes and one calf buffalo injured and there is no further scope of enhancement, thus, urges this Court for dismissal of the appeal. I have heard the learned counsel for the parties and appraised the paper book and of the view that the buffaloes were milch animals and earning hand of the claimants. The compensation to the tune of ` 15,000/- is too meagre and accordingly, I increase the same from `15,000/- to ` 30,000/-. The enhanced amount of `15,000/- shall also attract interest @ 6% per annum from the date of filing of the appeal till its realization. The liability shall remain the same as has already been determined by the Tribunal.

The award passed by the Tribunal is modified to the above extent and the appeal is allowed.

( AMIT RAWAL) JUDGE 24.01.2018 Yogesh Sharma  Whether speaking/reasoned Yes/ No  Whether Reportable Yes/ No Yogesh Sharma 2018.02.07 11:33 I attest to the accuracy and integrity of this document