Judgment:
FAO No.465 of 1997 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.465 of 1997 Date of Decision.05.03.2014 Jasbir Kaur and others ......Appellants Versus Harjinder Singh and others .....Respondents Present: Ms.Sukhdip Kaur, Advocate for the appellants.
Mr.Paul S.
Saini, Advocate for the insurance company.
CORAM:HON'BLE Mr.JUSTICE K.
KANNAN1 Whether Reporters of local papers may be allowed to see the judgment ?.
No 2.
To be referred to the Reporters or not ?.
No 3.
Whether the judgment should be reported in the Digest?.
No -.- K.
KANNAN J.(ORAL) 1.
The appeal is against the dismissal of the petition claiming compensation for death of a male aged 42 yeaRs.The accident was said to have taken place on 19.10.1992 when the truck belonging to the respondent coming from the opposite direction and driven by one Tarsem Singh dashed against the deceased as a result of which the deceased received fatal injuries.
He was taken to the hospital but declared dead.
The FIR lodged after the accident had merely recorded the fact that the particular vehicle was involved and investigation taken by the police.
A report was given referring to the driver Resham Singh in connivance with the constable Kashmir Singh to have concealed the accident and dumped the body at some other place.
Although the person who lodged the FIR was not an eye witness when the criminal Kamboj Pankaj Kumar 2014.03.12 13:06 I attest to the accuracy and integrity of this document Chandigarh FAO No.465 of 1997 -2- investigation revealed the involvement of the vehicle and the case was also lodged against the driver and the owner, the fact that they did not take the courage to come to the Court to deny the accident or the involvement ought to have been taken by the Tribunal as sufficient to establish the involvement of the vehicle to make the owner and driver liable.
2.
I set aside the finding passed by the Tribunal and hold respondents No.1 and 2 as primarily responsible for the accident.
3.
The deceased was a JBT teacher drawing ` 3289/- as salary.
I will make 30% future prospect of increase, make a deduction of 1/3rd and apply a multiplier of 14 to assess the loss of dependence at ` 4,78,870/-.
I will add ` 1 lac for wife for loss of consortium and ` 1 lac for each one of the minor children as going towards loss of love and affection and also add ` 2500/- towards loss to estate and ` 5,000/- for funeral expenses.
The total compensation payable will be ` 7,85,500/-.
The amount shall also attract interest @7.5% from the date of petition till the date of payment.
The liability shall be on the insurer of the vehicle which was involved in the accident.
The entitlement shall be distributed equally amongst all the claimants.
4.
The award is set aside and the appeal is allowed on the above terMs.(K.
KANNAN) JUDGE March 05, 2014 Pankaj* Kamboj Pankaj Kumar 2014.03.12 13:06 I attest to the accuracy and integrity of this document Chandigarh