Karamjit Kaur And ANR. v. Balbir Singh And ORS.

FAO-3041-2017

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

FAO-3041 of 2017(O&M) Date of Decision: February 27, 2018.

Karamjit Kaur and another ..........APPELLANT(s).

VERSUS

Balbir Singh and another ........RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Vivek Suri, Advocate for the appellants (s).

******* SURINDER GUPTA, J.

Motor Accident Claims Tribunal, Patiala (hereinafter referred to as 'the tribunal') vide award dated 31.01.2017 allowed compensation of `11,57,880/- for death of Kirpal Singh, husband of appellant No.1, father of appellant No.2, in a motor vehicle accident with Mahindra Pick Up bearing registration No. PB-11-AT-9827.

As the only issue involved in this appeal relates to quantum of compensation as awarded by Tribunal, detailed facts of the case are being skipped for the sake of brevity.

The Tribunal has allowed the compensation of `11,57,880/- which was computed as follows:- SI No.

Heads Calculation i.

Name of the deceased Kirpal Singh ii.

Age of the deceased 48 years Iii.

Income assessed `6,900 per month iv.

Addition of 30% `6900+2070=8970 Jyoti 2018.03.05 10:44 I attest to the accuracy and authenticity of this document

FAO-3041-2017 SI No.

Heads Calculation v.

1/3rd of (ii) deducted as personal expenses of the deceased= `8970-`2990=`5980 per month vi.

Compensation after multiplier of 13 is applied= `5980x12x13= `9,32,880/- vii.

Loss of love and affection for claimants No. 1 & 2 `1,00,000/- each viii.

Funeral expenses `25,000/- ix.

Total (iii) to (v) `9,32,880+ ` 2,00,000+ `25,000= 11,57,880/- Learned counsel for the appellants during the course of the arguments admits that as per the law laid down by Hon'ble Apex Court in the case of National Insurance Company Limited Vs. Pranay Sethi and others, 2017 (4) R.C.R.(Civil) 1009 no addition is required in the amount of compensation already awarded.

Consequently, this appeal has no merits.

Dismissed.

( SURINDER GUPTA ) February 27, 2018.

JUDGE Jyoti-II Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No Jyoti 2018.03.05 10:44 I attest to the accuracy and authenticity of this document