Parmila Rani And ORS. v. Baljit Singh And ORS.

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH FAO No. 1031 of 2010 Date of Decision:- 06.08.2015 Parmila Rani and others .....Appellants

Versus

Baljit Singh and others .....Respondents

CORAM:

HON'BLE MR. JUSTICE SHEKHER DHAWAN

1. Whether Reporters of local papers may be allowed to see the judgment? Yes

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest? Yes

Present:

Ms. Mansi Bansal, Advocate for Mr. Sunil Kumar Sharma, Advocate, for the appellants. Mr. R.K. Bashamboo, Advocate for respondent No.3-Insurance Company.

**** SHEKHER DHAWAN, J.

Prayer made in present appeal for enhancement of compensation on account of death of Ram Singh, who died in motor vehicle accident which took placed on 01.06.2007. 2.

Learned counsel for appellants took the plea that the Tribunal has not awarded any amount on account of enhancement of future earnings and loss of love and affection for minor daughter. Even, the minimum amount on account of funeral expenses has not been awarded, as per law laid down by Hon'ble Supreme Court in cases Sarla Verma Vs. Delhi Transport Corporation and another, 2009(3) RCR (Civil) 77 and Rajesh and others Vs. Rajbir Singh and others, 2013 (3), RCR (Civil) 170.

3.

Learned counsel for respondent No.3-Insurance Company

-2took the plea that the Tribunal has already awarded just compensation, keeping in view the income of the deceased on the date of accident i.e. 01.06.2007. Claimants are not entitled any enhancement on account of enhanced future income, as he was not doing any regular job. So, the appeal be dismissed.

4.

In view of the arguments addressed by learned counsel for both the parties, this Court is of the considered view that as per law laid down by Hon'ble Supreme Court in Rajesh and others Vs. Rajbir Singh and others, case (supra), the appellants are certainly entitled to a sum of `1,00,000/- on account of consortium for the widow and a sum of `1,00,000/- on account of loss of love and affection for one minor daughter. Another sum of `25,000/- on account of funeral expenses. Appellants are also entitled to seek enhancement on account of future earnings, as deceased was of the age of 25 years and as per law laid down by Hon'ble Supreme Court in Rajesh and others Vs. Rajbir Singh and others, case (supra).

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The enhanced amount of compensation of `4,66,856/- shall be payable from the date of claim petition along with interest @ 7.5% per annum from the date of claim petition. Remaining conditions of disbursal of amount shall remain unaltered.

6.

Accordingly, the present appeal is accepted partly. ( SHEKHER DHAWAN ) August 06, 2015 JUDGE naresh.k