High Court of Punjab and HaryanaFAO/4082/2017dismissed

Harpal Kaur And ORS. v. Mewa Singh And ANR.

2018-01-30Mr. Justice Arun Monga2 pages

FAO-4082-2017

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH FAO-4082-2017 Date of decision : 30.01.2018 Harpal Kaur and others ... Appellant(s)

Versus

Mewa Singh and another ... Respondent(s)

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL

Present:

Mr. Rajbir Singh, Advocate for the appellants.

**** AMIT RAWAL, J. (ORAL) The appeal has been preferred by the claimants being widow, daughter and minor son of Mithu Singh, who unfortunately died in a motor accident occurred on 02.04.2016, for enhancement of compensation against the Award passed by the Tribunal, whereby a compensation of `10,41,400/- along with interest @ 7.5% per annum, has been awarded. Learned counsel appearing on behalf of the appellantsclaimants submits that the Tribunal has awarded the compensation to the tune of `10,41,400/-, which is on lower side as the deceased-Mithu Singh aged 52 years, was working as driver and earning ` 25,000/- per month, but the Tribunal took the income of the deceased as `9,000/-. Moreover, no increase was made in the salary towards future prospects and an amount of `1,00,000/- towards loss of consortium, ` 25,000/- for love and affection and `25,000/- for funeral expenses, is also too meagre, thus, there is scope for enhancement.

I have heard the learned counsel for the appellants and appraised Yogesh Sharma 2018.02.07 11:33 I attest to the accuracy and integrity of this document

FAO-4082-2017 the paper book and of the view that the Tribunal has taken care of all the heads sufficiently. Moreover, under conventional heads, the Tribunal has already awarded excess amount of ` 1,50,000/-, whereas now as per the ratio decidendi culled out by Hon'ble the Supreme Court in SLP (Civil) No.25590 of 2014 titled as "National Insurance Company Ltd. V/s Pranay Sethi and others", it should be `70,000/-, therefore, there is no scope for further enhancement of compensation.

Accordingly, the appeal is dismissed.

( AMIT RAWAL) JUDGE 30.01.2018 Yogesh Sharma  Whether speaking/reasoned Yes/ No  Whether Reportable Yes/ No Yogesh Sharma 2018.02.07 11:33 I attest to the accuracy and integrity of this document