Punjab-Haryana High Court
Smt. Manpreet Kaur And Another vs Pepsu Road Transport Corporation on 12 February, 2014
FAO No.5340 of 2006 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
F.A.O. No.5340 of 2006 (O&M)
Date of decision : 12.02.2014
Smt. Manpreet Kaur and another ...... Appellants
versus
Pepsu Road Transport Corporation, Patiala and others ...... Respondents
CORAM : HON'BLE MR.JUSTICE AJAY TEWARI
***
Present : Mr. Anurag Chopra, Advocate
for the applicants-appellants.
Mr. Harsh Aggarwal, Advocate
for the respondents No.1 and 2-PRTC.
***
1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
AJAY TEWARI, J. (Oral)
Copy of the paper book has been supplied and the same is taken on record.
No reply has been filed to the application for condonation of delay. For the reasons recorded, the applications are allowed. Delay of 18 days in re-filing the appeal and delay of 91 days in filing the appeal is condoned.
This appeal has been filed by the claimants for the enhancement of compensation and to modify the award dated 21.03.2006 awarding Sharma Ashish 2014.03.19 12:51 I attest to the accuracy and integrity of this document Chandigarh FAO No.5340 of 2006 (O&M) -2- compensation of `50,000/- to the appellant No.2 on account of death of Pawanjeet Kaur aged 16 years in a motor vehicle accident.
Brief facts are that on 11.08.2003 Pawanjeet Kaur who was a student of 10+1 going from her village Marauli to village Gharuan on her cycle. At about 7.30 A.M. when she reached near Guga Mari in the area of village Gharuan, a bus bearing No.PB-11-L-7904, being driven in a rash and negligent manner, struck against the cycle of Paramjeet Kaur. As a result of the accident she sustained serious injuries and was taken to the Civil Hospital, Kharar where she was declared dead.
Learned counsel for the appellants has argued that an amount of `50,000/- awarded to the grandmother is grossly inadequate and neither any classification nor any reason has been given why she was restricted only to `50,000/-.
I find this to be correct. The girl was a student of 10+1, therefore, I deem it appropriate to take her notional income as `3000/- p.m. Out of that her expenses would be 50%, therefore, the dependency of the grandmother would work out to `18,000/- p.a. Ordered accordingly.
Learned counsel for the appellants has further argued that multiplier of 18 has to be applied as per the age of the deceased.
Learned counsel for the respondents No.1 and 2 has countered by arguing that multiplier has to be applied as per the age of the appellant No.2-claimant.
Keeping in view the facts and circumstances of the case, I further hold that multiplier of 13 has to be applied in view of the Sharma Ashish 2014.03.19 12:51 I attest to the accuracy and integrity of this document Chandigarh FAO No.5340 of 2006 (O&M) -3- observations made by this Court in F.A.O. No.5181 of 2010, titled as Nanak Singh and another vs. State of Punjab and another, decided on 17.01.2014.
The amount of `50,000/- already awarded would be set off towards loss of love and affection and funeral expenses. The enhanced amount shall be paid only to the appellant No.2-grandmother along with interest @ 8% p.a. from the date of filing of the claim petition till the date of realization.
The appeal is disposed of in the above terms and the award is modified accordingly.
Since the main case has been decided, the pending civil miscellaneous application, if any, also stands disposed of.
( AJAY TEWARI )
February 12, 2014 JUDGE
ashish
Sharma Ashish
2014.03.19 12:51
I attest to the accuracy and
integrity of this document
Chandigarh