Bhagwati Devi And ANR v. Ikram And ORS

FAO-5524-2014 (O&M) [ 1 ]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH FAO-5524-2014 (O&M) Date of Decision : 04.12.2019 Bhagwati Devi and another ....................................... Appellants

VERSUS

Ikram & others ............................................................ Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL ...

Present:

Mr. Vijay Sangwan, Advocate for the appellants.

Ms. Suman Bishnoi, Advocate for Mr. Sanjeev Kumar Birla, Advocate for respondents No. 1 and 2.

...

MANJARI NEHRU KAUL, J.

CM-15372-CII-2014 This is an application for condonation of delay of 136 days in filing the present appeal.

For the reasons mentioned in the application, the delay of 136 days in filing the present appeal is condoned. Application is allowed.

FAO-5524-2014 Challenge in the instant appeal is that an inadequate and insufficient compensation has been assessed qua deceased Ramdev vide order dated 10.10.2013 passed by the Motor Accidents Claims Tribunal, Narnaul. It would therefore be appropriate to reproduce the amount awarded RUPINDER KAUR 2019.12.10 17:13 I attest to the accuracy and integrity of this document

FAO-5524-2014 (O&M) [ 2 ] which is as under:- S.No.

Heads of claim Amount awarded (in Rs.) On account of income of deceased 3,14,664.00 On account of loss of consortium 1,00,000.00 On account of transportation 10,000.00 On account of funeral 25,000.00 On account of loss of estate 5,000.00 TOTAL 4,54,664.00 It has been contended that the learned Tribunal awarded an inadequate compensation under conventional heads inasmuch as for transportation and funeral a meagre amount of only Rs.35,000/- and loss of estate only Rs.5,000/- was assessed.

After perusing the impugned award, no interference is warranted as sufficient and adequate compensation had been assessed under all the conventional heads which rather is on the higher side in view of the judgment of the Supreme Court in National Insurance Company Ltd. v. Pranay Sethi 2017 SCC 1270.

The appeal is dismissed.

( MANJARI NEHRU KAUL ) JUDGE 04.12.2019 rupi Note: Whether speaking/reasoned : Yes / No Whether Reportable:

Yes / No RUPINDER KAUR 2019.12.10 17:13 I attest to the accuracy and integrity of this document