Judgment:
FAO-3312-2012 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-3312-2012 (O&M) Date of decision: 20.02.2014 Karamjit Kaur and others ...Appellants Versus Iqbal Singh and others ...Respondents CORAM: HON'BLE Mr.JUSTICE JITENDRA CHAUHAN Present: None for the appellants.
Mr.G.S.Toor, Advocate, for respondent Nos.1 and 2.
Mr.D.K.Dogra, Advocate, for respondent No.3.
-.- JITENDRA CHAUHAN, J.
CM-14502--CII-2013 For the reasons stated in the application, the same is allowed and the delay of 117 days in filing the appeal is condoned.
FAO-3312-2012 The present appeal has been preferred by the claimant- appellants, seeking enhancement of the amount of compensation awarded vide impugned award dated 23.05.2011, passed by the learned Motor Accident Claims Tribunal, Sangrur (for short, 'the Sethi Atul 2014.03.19 17:05 I attest to the accuracy and integrity of this document Chandigarh FAO-3312-2012 -2- Tribunal').There is no assistance on behalf of the appellants, however, it has been pleaded in the appeal that the compensation awarded by the learned Tribunal deserves to be enhanced.
On the other hand, the learned counsel for the respondents have opposed the present appeal.
I have heard the learned counsel for the parties and perused the record.
From the perusal of the impugned award, it is made out that the learned Tribunal has awarded an amount of Rs.10,000/- to the claimant-wife, towards loss of consortium.
However keeping in view the law laid down in Rajesh versus Rajbir Singh (SC).2013(3) R.C.R.(Civil).170, this amount is enhanced to Rs.1,00,000/-.
Another amount of Rs.1,00,000/- is awarded to the claimant-children of the deceased, for 'loss of love, care and guidance', whereas, Rs.1,00,000/- is awarded to the mother of the deceased, for loss of love and affection, on her furnishing an affidavit.
In view of the above, the claimant-appellants are held entitled to the enhanced compensation of Rs.2,90,000/- [Rs.90,000/- (enhancement towards loss of consortium payable to the wife of the deceased) + Rs.1,00,000/- (loss of love, care and guidance, payable to the children of the deceased, in equal shares) Sethi Atul 2014.03.19 17:05 I attest to the accuracy and integrity of this document Chandigarh FAO-3312-2012 -3- + Rs.1,00,000/- (loss of love and affection, payable to the mother of the deceased)].as indicated above, over and above the amount already awarded by the learned Tribunal, which shall be payable within a period of 45 days from the date of receipt of a certified copy of this judgment, failing which, they shall also be entitled to interest @ 7.5% per annum, from the date of filing the present appeal, till its realization.
With the aforesaid modification in the impugned award, the present appeal is partly allowed.
20.02.2014 ( JITENDRA CHAUHAN) atulsethi JUDGE Sethi Atul 2014.03.19 17:05 I attest to the accuracy and integrity of this document Chandigarh