Punjab-Haryana High Court
Raj Singh And Others vs Mahender Singh And Others on 19 August, 2013
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO No. 6828 of 2011.
Date of Decision: 19.8.2013.
Raj Singh and others .... Appellants
Versus
Mahender Singh and others .... Respondents
CORAM: HON'BLE MR. JUSTICE NAWAB SINGH
Present: Mr. Rakesh Lathwan, Advocate,
for the appellants.
Mr. Pardeep Goyal, Advocate,
for respondent No.3.
NAWAB SINGH.J (ORAL)
Sandeep, aged 19 years, died in a road accident th on December 12 , 2009 on account of rash and negligent driving of motor cycle bearing No. HR-60-A/2872 by Mahender Singh in the area of village Nangal Kalan. FIR (Exhibit P-1) under Sections 279 and 304-A IPC was registered in Police Station Samalkhan against the driver of the offending vehicle. Post mortem examination was conducted in Civil Hospital, Sonepat. The post-mortem examination report is Exhibit P-2.
2. The deceased left behind his widow Jyoti, parents and minor sister. His widow, parents and minor sister filed separate claim applications before the the Motor Accident Claims Tribunal (for short "the Tribunal"), Sonepat. It was pleaded that the deceased was working as a Computer Operator in a firm in the name and style J.B. Constructions, New Delhi and drawing salary of Rs.15,000/- but no evidence was led except a certificate (Mark A) which was issued by the company but the same was not accepted by the Tribunal. Considering the deceased to be a daily wager, the Tribunal held his th income at Rs.4000/- per month. Deduction of 1/4 was made. The amount was calculated at Rs.3000/-. Multiplier of 16 was applied and the loss of dependency was assessed at Rs.5,76,000/-. An Sanjay amount of Rs.5000/- was awarded for the last rights. A sum of 2013.08.29 16:47 I attest to the accuracy and integrity of this document Punjab and Haryana High Court FAO No. 6828 of 2011 (2) Rs.5000/- was awarded to the widow for loss of consortium. Total compensation of Rs.5,86,000/- was awarded to the claimants along with interest at the rate of 7.5% per annum from the date of filing of claim application till realization. Out of Rs.5,86,000/-, Rs.1 lac each was awarded to the father and sister of the deceased and Rs.1,15,000/- were awarded to the mother. A sum of Rs.2,71,000/- was awarded to the widow of the deceased.
3. The present appeal has been filed by the parents and minor sister of the deceased.
4. Widow of the deceased is not in appeal before this Court. Since she is not in appeal before this Court, in considered opinion of this Court, the amount of compensation awarded to the appellants was just and reasonable and requires no enhancement. Thus, the appeal is dismissed.
19.8.2013 (NAWAB SINGH)
SN JUDGE
Sanjay
2013.08.29 16:47
I attest to the accuracy and
integrity of this document
Punjab and Haryana High Court