Punjab-Haryana High Court
Surjit Kaur & Others vs Gurnam Singh & Another on 20 November, 2012
Author: Rajan Gupta
Bench: Rajan Gupta
FAO No.2707 of 2011 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH.
FAO No.2707 of 2011 (O&M)
Date of decision: 20.11.2012
Surjit Kaur & others ...Appellants
Versus
Gurnam Singh & another ...Respondents
CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. S.S. Antal, Advocate for the appellants.
Mr. Anupam Singla, Advocate for respondent No.2.
Rajan Gupta, J.
This appeal emanates from the award dated 3.11.2010 of the tribunal at Patiala whereby appellants were granted a compensation of Rs.4,78,000/- on account of death of one Major Singh in the accident which occurred on 30.6.2009.
Learned counsel for the appellants submits that deceased was 50 years of age at the time of his death. Tribunal has not granted adequate compensation to the claimants.
Learned counsel appearing for respondent No.2 submits that adequate compensation has been granted by the tribunal after taking into account facts and circumstances of the case.
I have heard learned counsel for the parties and given careful thought to the facts of the case.
It appears that accident took place on 30.6.2009 in which Major Singh husband of claimant No.1 and father of claimants No.2 to 4 FAO No.2707 of 2011 2 died. The appellants preferred a claim petition before the tribunal at Patiala. The tribunal came to the conclusion that the driver of the offending vehicle was responsible for the accident as it was being driven rashly and negligently. It assessed monthly income of the deceased as Rs.4000/-. Following ratio of the judgment reported as Sarla Verma Vs. DTC, 2009 (3) R.C.R. (Civil) 77 (SC), it deducted 1/4th of the amount as personal expenses of the deceased and assessed monthly dependency as Rs.3000/- i.e. Rs.36,000/- per annum. Multiplier of 13 was applied and compensation of Rs.4,68,000/- was granted to the claimants. Another sum of Rs.5000/- was granted for loss of consortium and Rs.5000/- for funeral expenses. In my considered view, the award of the tribunal does not call for any interference as compensation has been granted after taking all the factors into consideration. The dependency has been correctly assessed and multiplier of 13 has also been correctly applied. There is no merit in the instant appeal. Same is hereby dismissed.
(RAJAN GUPTA) JUDGE 20.11.2012 'rajpal'