High Court of Punjab and HaryanaFAO/4028/2017dismissed

Radha Devi & ORS v. Rajender Parshad & ANR

2019-09-02Mr. Justice Harminder Singh Madaan2 pages

F.A.O. No. 4028 of 2017

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH F.A.O. No. 4028 of 2017 DATE OF DECISION :- September 02, 2019 Radha Devi and others ...Appellants

Versus

Rajender Parshad and another

...Respondents

CORAM:

HON'BLE MR. JUSTICE H.S. MADAAN Present:- Mr. Dheeraj Narula, Advocate for the appellants. *** C.M. No.13022-CII of 2017 This is an application for condonation of delay of 43 days in filing of the appeal. For the reasons mentioned in the application, the application is allowed and delay is condoned. F.A.O. No. 4028 of 2017 Due to death of Mohan Lal in a motor vehicular accident which took place on 16.4.2015 at about 10.A.M. in the area of 1-11⁄2 Kms near to village Farwain Kalan, statedly on account of rash and negligent driving of a Car bearing registration No. HR24-M-7520 driven by respondent No. 1 Rajender Parshad, his legal heirs i.e. wife Radha Devi, aged about 54 years, son Ramesh Kumar, aged about 28 years and minor daughter Jyoti Rani, aged about 12 years had brought a claim petition under Section 166 of Motor Vehicles Act, 1988 against respondents i.e. Respondent No. 1Rajender Parshad-driver and owner of Car No. HR-24M-7520 and PARVINDER SINGH 2019.09.05 13:42 I attest to the accuracy and integrity of this document Chandigarh

F.A.O. No. 4028 of 2017 respondent No. 2-National Insurance Company Ltd. Sirsa. On notice, both the respondents had appeared and contested the claim petition. Issues on merits were framed. The parties were given adequate opportunities to lead evidence.

After hearing the arguments, the Tribunal accepted the application and granted compensation of Rs.7,80,236/- with interest at the rate of 7.5% per annum from the date of filing of claim petition till realization. The liability to pay this amount being jointly and severally. I have gone through the award and I find that the compensation awarded is just and equitable, keeping in view the age, avocation of the deceased and number of dependents upon him. There is no scope to enhance the compensation by way of acceptance of the appeal, therefore, the appeal stands dismissed.

(H.S. MADAAN) JUDGE September 02, 2019 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No PARVINDER SINGH 2019.09.05 13:42 I attest to the accuracy and integrity of this document Chandigarh