Judgment:
FAO-4117-2012 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-4117-2012 Date of decision:
29. 1.2014 Hardeep Kaur and others ...Appellants Versus Lakhwinder Singh and others ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Ashok Bector, Advocate for the appellants Mr.Viney Saini, Advocate for respondent Nos. 1 and 2 Mr.Arun Sharma, Advocate for Mr.TK Joshi, Advocate for respondent No.3-Insurance Company **** Jitendra Chauhan, J.
The present appeal has been filed by the claimant- appellants, seeking enhancement of the compensation awarded by the learned Motor Accident Claims Tribunal, Ropar (for short 'the Tribunal'), vide award dated 4.1.2012, on account of death of Bahadur Singh, in a motor vehicular accident.
2. The only argument raised by the learned counsel for the appellants is that no amount was awarded towards loss of love and affection, care and guidance to the children and loss of consortium, whereas the amount awarded towards funeral expenses and loss of Shanker Gauri 2014.02.05 17:05 I attest to the accuracy and integrity of this document High Court Chandigarh FAO-4117-2012 2 estate is also inadequate. The deceased left behind his widow and two minor children.
3. On the other hand, the learned counsel for the respondent-Insurance Company has contended that just and appropriate compensation has been awarded by the learned Tribunal. Therefore, the present appeal may be dismissed.
4. I have heard the learned counsel for the parties and perused the record carefully.
5. There is no dispute with regard to the death of Bahadur Singh, in a road accident occurred on 27.10.2010. Untimely death was a great shock to the family. He was the sole bread earner of the family. He left behind his widow and two minor children. In view of judgment rendered by the Hon'ble Supreme Court in Vimal Kanwar and others vs. Kishore Dan and others (2013-3) PLR776 this Court feels that the ends of justice would be met, if the following compensation is allowed.:- S.No.Heads From To 1. Loss of estate and consortium Rs.10,000/- Rs.1,00,000/- enhanced payable to the wife 2. Funeral expenses enhanced Rs.5,000/- Rs.25,000/- 3. Loss of love, care and guidance Rs.1,00,000/- to the minor children Ordered accordingly.
6. Accordingly, the balance enhanced compensation i.e. Shanker Gauri 2014.02.05 17:05 I attest to the accuracy and integrity of this document High Court Chandigarh FAO-4117-2012 3 2,10,000/- shall be paid to the appellants, in the manner indicated in the impugned award, within a period of 45 days from the date of the receipt of the certified copy of the judgment, failing which, the appellants shall be entitled to get interest @ 7.5% per annum from the date of the filing of the appeal till its realisation.
7. In view of the above, the present appeal is partly allowed and the impugned Award is modified to the above extent. 29.1.2014 (JITENDRA CHAUHAN) gsv JUDGE Shanker Gauri 2014.02.05 17:05 I attest to the accuracy and integrity of this document High Court Chandigarh