High Court of Punjab and HaryanaFAO/6175/2013disposed of

Sushila Devi And ANR v. Iliyas Khan And ORS

2016-08-11Mr. Justice Fateh Deep Singh2 pages

FAO No.6175 of 2013 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH FAO No.6175 of 2013 (O&M) Decided on: 11.08.2016 Sushila Devi and another ....Appellants

Versus

Iliyas Khan and others ....Respondents CORAM: HON'BLE MRS JUSTICE REKHA MITTAL Present :

Mr. Munish Mittal, Advocate for the appellants.

Mr. Rajiv Dhawan, Advocate for respondents No.1 and 2.

None for respondent No.3.

REKHA MITTAL, J.

Sushila Devi (widow) and Johney, minor are in appeal seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal, Karnal (for brevity 'the Tribunal') in respect of death of Malwa Singh in a motor vehicular accident that took place on 15.02.2010 but the victim died on 22.02.2010. Counsel for the appellants has submitted that compensation awarded by the learned Tribunal under the conventional heads needs re-look and enhancement.

Counsel for respondents No.1 and 2 has supported the award passed by the learned Tribunal.

There is no representation on behalf of respondent No.3. The learned Tribunal has awarded compensation under conventional heads in the following terms:- Mohd. Yakub 2016.08.23 11:30 I attest to the accuracy and authenticity of this document Chandigarh

FAO No.6175 of 2013 (O&M) SR. NO.

HEADS AMOUNT 1.

Funeral expenses Rs.2,000/- 2.

Loss of love and affection Rs.2,000/- 3.

Loss of consortium Rs.5,000/- TOTAL Rs.9,000/- The appellants shall be entitled to an amount of Rs.25,000/- each for expenses on funeral and loss of estate. Rs.1,00,000/- for loss of consortium to widow, and Rs.1,00,000/- for loss of love and affection to Johney. In this way, compensation under conventional heads comes to Rs.2,50,000/- and enhanced compensation is calculated at Rs.2,41,000/- (Rs.2,50,000/- - Rs.9,000/-) payable with interest @ 7.5% per annum from the date of filing of the petition till realization.

The compensation payable to the child towards loss of love and affection shall be payable to him as per his entitlement discussed hereinbefore. The remaining enhanced compensation shall be paid to widow of the deceased.

The compensation awarded to the minor child shall be deposited in the shape of FDR in a nationalized bank for a period of three years or till he attains the age of majority whichever is later. The compensation payable to widow shall also be deposited in FDR for a period of three years.

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