Punjab-Haryana High Court
Pepsu Road Transport Corporation vs Swaranjit Kaur And Others on 16 April, 2009
Author: L. N. Mittal
Bench: L. N. Mittal
F. A. O. No. 1447 of 2009 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Case No. : F. A. O. No. 1447 of 2009
Date of Decision : April 16, 2009
Pepsu Road Transport Corporation .... Appellant
Vs.
Swaranjit Kaur and others .... Respondents
CORAM : HON'BLE MR. JUSTICE L. N. MITTAL
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Present : Mr. Harsh Aggarwal, Advocate
for the applicant-appellant.
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L. N. MITTAL, J. (Oral) :
C. M. No. 7295-C-II of 2009 :
For the reasons mentioned in the application, delay of six days in filing the appeal is condoned. Main Appeal :
This is appeal by Pepsu Road Transport Corporation-owner of the alleged offending bus impugning Award dated 17.12.2008 of learned Motor Accident Claims Tribunal, Patiala thereby awarding compensation of Rs.1,60,000/- to claimant-respondents no.1 and 2 herein for the death of their son Bikram Singh.
Learned counsel for the appellant assailed the finding of the Tribunal on issue no.1 relating to the accident being caused by rash and negligent driving of the bus by Gurmeet Singh-respondent no.4 herein.F. A. O. No. 1447 of 2009 2
However, F.A.O. No. 1318 of 2009 filed by the appellant against the same Award relating to another claim petition, already stands dismissed vide judgment dated 19.03.2009 of this Court and therefore, the finding on issue no.1 as recorded by the Tribunal has to be affirmed in the instant appeal as well.
Learned counsel for the appellant also challenged the amount of compensation awarded by the Tribunal. However, the said amount is not excessive and is rather just, fair and reasonable. The deceased was 11 years' boy studying in 4th standard. His nominal income has been taken to be Rs.15,000/- per annum and after deducting 1/3rd out of it for the personal expenses of the deceased, dependency was assessed to be Rs.10,000/- per annum. Multiplier of 15 has been applied. In addition, a sum of Rs.10,000/- has been awarded as funeral expenses. The compensation has been calculated by and large according to second schedule of the Motor Vehicles Act, 1988. The compensation amount is not at all excessive.
In view of the aforesaid, finding no merit in the instant appeal, the same is hereby dismissed.
The amount of Rs.25,000/- deposited by the appellant with the Registry of this Court while preferring this appeal be remitted to the Tribunal.
April 16, 2009 ( L. N. MITTAL ) monika JUDGE