Full Judgment
FAO-545-2012 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-545-2012 (O&M) Date of decision:
11. 2.2014 Surender Singh and another ...Driver and owner Versus Vidhya Devi and others ...Claimants FAO-1198-2012 (O&M) Vidhya Devi and others ..Claimants Versus Surender Singh and others ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.RA Sheoran, Advocate for driver and owner Mr.Manoj Chahal, Advocate for the claimants Mr.Puneet Sharma, Advocate for the Insurance Company **** Jitendra Chauhan, J.
1. This judgment shall dispose of both the abovementioned appeals. FAO-1198-2012 has been filed by the claimants for enhancement of the compensation, whereas FAO-545-2012 has been filed by the driver and owner, assailing the award passed by the Shanker Gauri 2014.02.13 17:14 I attest to the accuracy and integrity of this document High Court Chandigarh FAO-545-2012 (O&M) 2 learned Motor Accident Claims Tribunal, Gurdaspur (for short 'the Tribunal'), dated 7.11.2011, whereby a sum of Rs.3,89,964/- has been awarded to the claimants and the driver and the owner have been held liable to pay the compensation.
2. Learned counsel for the driver and owner vehemently argued that the learned Tribunal has wrongly held liable the driver and the owner of the offending vehicle. The driving lieence held by the driver was valid on the date of the accident and the same was issued by the Licensing Authority, Agra. He further submits that the multiplier applied by the learned Tribunal is on the higher side.
3. On the other hand, the learned counsel appearing for the Insurance Company submits that the driver and the owner have been rightly held liable by the learned Tribunal. The driver was not holding a valid and effective driving licence at the time of accident and the licence which was exhibited, was a fake licence.
4. Learned counsel appearing for the claimants submits that amount awarded towards loss of consortium, funeral expenses and last rites are on the lower side.
5. I have heard the learned counsel for the parties and perused the case file carefully.
5. It is not disputed that death of Joginder Singh occurred due to the injuries suffered by him in a motor vehicular accident. He was 57 years of age at the time of his death. The learned Tribunal Shanker Gauri 2014.02.13 17:14 I attest to the accuracy and integrity of this document High Court Chandigarh FAO-545-2012 (O&M) 3 framed issue No.4 “Whether respondent No.1 was not holding a valid driving licence and vehicle was being driven in violation of terms and conditions of insurance policy at the time of accident?. OPR-3”. The record of the licence DL-4974/AG/05 exhibited by the owners and the driver as summoned and as per the same, it was not issued in the name of one Deep Kumar and not in the name of Surender Singh, the driving of the offending vehicle. The Insurance Company also examined Bhanu Partap Singh, as RW1, who brought the record of driving licence issued in December 2005, wherein he stated that no licence was issued in the name of Surender Kumar. In view of the same, this Court finds that the learned Tribunal has rightly held liable the owner and the driver of the offending vehicle.
6. Untimely death of Joginder Singh was a great shock to his family. Keeping in view the law laid down by the Hon'ble Supreme Court in Vimal Kanwar and others vs. Kishore Dan and others (2013-3) PLR776 this Court feels that the amount awarded towards loss of consortium, funeral and last rites is inadequate and the same deserves to be enhanced from Rs.10,000 to Rs.100000/- towards loss of consortium and Rs.10,000/- to Rs.15,000/- towards funeral expenses. Ordered accordingly.
7. Accordingly, the enhanced compensation in FAO -1198- 2012, of Rs.95,000/- shall be paid to the claimants, in the manner, indicated in the impugned Award, within 45 days from the date of Shanker Gauri 2014.02.13 17:14 I attest to the accuracy and integrity of this document High Court Chandigarh FAO-545-2012 (O&M) 4 the receipt of the certified copy of this judgment, failing which, the appellants are entitled to get interest @ 7.5 % per annum from the date of the filing the appeal till its realisation.
8. In view of the above, FAO5452012, filed by the driver and owner is dismissed, whereas FAO-1198-2012 filed by the claimants is partly allowed and the impugned award is modified to the above extent.
9. However, the statutory amount deposited by the appellants in FAO-545-2012, at the time of filing the appeal be sent to the learned Tribunal for disbursement to the claimants. 11.2.2014 (JITENDRA CHAUHAN) gsv JUDGE Shanker Gauri 2014.02.13 17:14 I attest to the accuracy and integrity of this document High Court Chandigarh