Mukesh And Others vs Ram Dhari Yadav And Others on 6 November, 2012

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Punjab-Haryana High Court

Mukesh And Others vs Ram Dhari Yadav And Others on 6 November, 2012

Bench: Rajan Gupta

    FAO No. 7210 of 2011                                             1

 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH


                                        FAO No. 7210 of 2011
                                        Date of decision:6.11.2012
Mukesh and others
                                                  ... Appellants
                      versus
Ram Dhari Yadav and others
                                                  ... Respondents

CORAM:      Hon'ble Mr.Justice Rajan Gupta

Present:    Mr.S.S.Virk, Advocate,
            for the appellants.
            Mr.Sanjiv Goel, Advocate,
            for respondent No.4.
            ...

Rajan Gupta, J. (Oral)

This appeal is directed against the award passed by tribunal whereby compensation to the tune of Rs.5,72,600/- has been granted to the claimants-appellants.

Learned counsel for the appellants has argued that keeping in view the fact that there were four dependents upon the deceased, a cut of 1/4th should have been applied and compensation be assessed accordingly. This apart, income of deceased as assessed is on lower side. Learned counsel for insurance company submits that tribunal has rightly deducted 1/3rd of income of deceased as expenses for his personal use. His father namely Attar Singh was not dependent upon him. According to him, income has been rightly assessed as Rs.4200/- per month by the tribunal. Thus, there was no scope for enhancement of compensation.

I have heard learned counsel for the parties.

It appears that accident took place on 17.7.2009 wherein Raju being driver of truck died. A claim petition was lodged by his widow, minor FAO No. 7210 of 2011 2 children and parents. Tribunal came to the conclusion that accident occurred as a result of rash and negligent driving by driver of offending vehicle. It assessed income of deceased as Rs.42,00/- per month and deducted 1/3rd as expenses for his personal use. Considering dependency to be Rs.33,600/- per annum, it applied a multiplier of 16. Compensation was thus assessed as Rs.5,37,600/-. Some compensation was also granted under usual heads such as transportation, funeral, last rites, loss of consortium, love and affection etc. I, thus, find no infirmity with the findings arrived at. Award passed by the tribunal is, therefore, sustainable.

Appeal is without any merit and is hereby dismissed.



6.11.2012                                            (RAJAN GUPTA)
pk                                                      JUDGE

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