Sukhwinder Singh v. State Of Haryana And ORS

F.A.O No. 7101 of 2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O No. 7101 of 2016 Date of decision:- 17.09.2019 Sukhwinder Singh ...Appellant

Versus

State of Haryana & ors.

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. J.S. Cooner, Advocate for the appellants RITU BAHRI J. (Oral) C.M. No. 24404-CII-2018 For the reasons mentioned in the application, delay of 133 days in filing of the appeal is condoned.

The application stands disposed of accordingly. FAO No. 7101-2016 Issue notice of motion Mr. R.K.S Brar, Addl.A.G Haryana and Mr. D.P. Gupta, Advocate accepts notice on behalf of State and Insurance Company. The present appeal has been preferred by the claimantsappellants, seeking enhancement of the amount of compensation awarded by the learned Motor Accident Claims Tribunal, Chandigarh (for short, 'the Tribunal') to the tune of Rs.23,11,792/- vide impugned award dated 15.01.2016 on account of death of Kulwant Kaur in a road accident on 15.09.2014.

After going through the award passed by the Tribunal, this Court is of the view that the compensation has rightly been awarded to the GAURAV ARORA 2019.10.04 16:03 I attest to the accuracy and integrity of this document Chandigarh

F.A.O No. 7101 of 2016 -2claimants and the claimants are only entitled to compensation of Rs.40,000/- each under the head of loss of filial consortium, in view of judgment of Hon'ble the Supreme Court of India in a case of Magma General Insurance Co. Ltd vs Nanu Ram Alias Chuhru Ram, 2018 (4) RCR Civil 837 . In view of the above factual position, the claimants i.e appellant and respondent Nos. 5 and 6 are entitled for a compensation of Rs.1,20,000/- (i.e Rs. 40000/- each) under the head of loss of filial consortium.

Accordingly, the enhanced amount of compensation of Rs.01,20,000/- shall be payable within a period of forty five days from the date of receipt of certified copy of this order. The appellants shall also get interest @ 9% in view of judgment of Hon'ble the Apex Court in Civil Appeal No. 4528-2019 titled as Dara Singh @ Dhara Banjara vs. Shyam Singh Varma and ors, decided on 01.05.2019. The remaining conditions of disbursal of amount and recovery rights shall remain unaltered. Accordingly, the award stands modified to the above extent and the present appeal is partly allowed.

17.09.2019 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No GAURAV ARORA 2019.10.04 16:03 I attest to the accuracy and integrity of this document Chandigarh