High Court of Punjab and HaryanaFAO/5318/2014disposed of

Poonam & ORS v. Dinesh Kumar & ORS

2016-08-11Mr. Justice J.S. Narang2 pages

FAO No.5318 of 2014

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH FAO No.5318 of 2014 Decided on: 11.08.2016 Poonam and others ....Appellants

Versus

Dinesh Kumar and others ....Respondents CORAM: HON'BLE MRS JUSTICE REKHA MITTAL Present :

Mr. Lajpat Sharma, Advocate for Mr. Vivek Khatri, Advocate for the appellants.

Mr. Dhruv Gupta, Advocate for Mr. Shashank Sharma, Advocate for respondents No.1 and 2.

Mr. Subhash Goyal, Advocate and Mr. Nitin Mittal, Advocate for respondent No.3.

REKHA MITTAL, J.

The claimants are in appeal seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal, Hisar (for short 'the Tribunal') in regard to death of Sanjay in a motor vehicular accident that occurred on 04.12.2012. Counsel for the appellants has sought enhancement only under conventional heads. It is argued that the learned Tribunal has not awarded any compensation for loss of love and affection to the minor son aged 08 years' and mother of the deceased in the light of judgments "Rajesh and others Vs. Rajbir Singh and others", 2013(3) R.C.R. (Civil) 170 and "Vimal Kanwar and others vs. Kishore Dan and others" 2013(2) R.C.R. (Civil) 945.

Mohd. Yakub 2016.08.23 11:30 I attest to the accuracy and authenticity of this document Chandigarh

FAO No.5318 of 2014 Counsel for the respondents have supported the award passed by the learned Tribunal.

I have heard counsel for the parties, perused the paperbook and the records.

It is an undisputed position of the case that the learned Tribunal has not awarded any compensation to the minor child and mother of the deceased for loss of love and affection. After taking clue from the judgments relied upon by counsel for the appellants, the minor child of the deceased is awarded an amount of Rs.1,00,000/- and mother is allowed Rs.50,000/- towards loss of love and affection. In this manner, the compensation awarded by the learned Tribunal is enhanced to the extent of Rs.1,50,000/- and shall carry interest @ 7.5% per annum from the date of petition till realization. The compensation awarded to minor child shall be deposited in the shape of FDR in a nationalized bank for a period of three years or till he (the child) attains the age of majority whichever is later.

Disposed of accordingly.

(REKHA MITTAL) 11.08.2016 JUDGE yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No Mohd. Yakub 2016.08.23 11:30 I attest to the accuracy and authenticity of this document Chandigarh