Bhupinder Singh And ORS v. General Manager, Ctu And Another

FAO-323-2012 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH FAO-323-2012 (O&M) Date of decision : 16.01.2018 Bhupinder Singh and others ... Appellant(s)

Versus

General Manager, Chandigarh Transport Undertaking and another ... Respondent(s)

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL

Present:

Mr. Somesh Gupta, Advocate for the appellant(s).

Mr. Suvir Sehgal, Senior Standing Counsel with Mr. D.K. Singal, Advocate and Mr. Akshay Sethi, Advocate for the respondent(s).

**** AMIT RAWAL, J. (ORAL) The present appeal has been preferred by the claimants being the sons of Harbans Kaur, who died in a motor accident occurred on 12.07.2009, for enhancement of compensation against the Award passed by the Tribunal, whereby a compensation of `3,70,000/- along with interest @ 6% per annum, had been awarded.

Learned counsel appearing on behalf of the appellantsclaimants submits that the Tribunal has awarded the compensation to the tune of `3,70,000/-, which is on lower side as the Tribunal took the income of the deceased as `4,000/-. Moreover, no increase was made in the salary towards future prospects and the amount of `3,000/- towards funeral Yogesh Sharma 2018.01.30 13:34 I attest to the accuracy and integrity of this document

FAO-323-2012 (O&M) expenses and `15,000/- on account of loss of estate, is also too meagre, thus, there is scope for enhancement.

On the other hand, learned counsel appearing on behalf of the respondent submits that the appellants-claimants are major, at the time of filing of the claim petition, therefore, they would not be entitled to claim the compensation, thus, the findings of the Tribunal in awarding the compensation of `3,70,000/- to the claimants are liable to be set aside. It is a settled law that the adult children are not dependent upon the parents and therefore, they have not been deprived of loss of earning, 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 there is no scope of enhancement as the appellants-claimants being the sons of deceased are major and they cannot be said to be dependent upon their parents. No other evidence has been referred to enable this Court to form different opinion than the one arrived at by the Tribunal.

No other point had been addressed.

Accordingly, the appeal is dismissed.

( AMIT RAWAL) JUDGE 16.01.2018 Yogesh Sharma Whether speaking/reasoned Yes/ No Whether Reportable Yes/ No Yogesh Sharma 2018.01.30 13:34 I attest to the accuracy and integrity of this document