Punjab-Haryana High Court
Chhaju Ram And Others vs Hasan Deen And Others on 24 April, 2012
Author: Jitendra Chauhan
Bench: Jitendra Chauhan
FAO No.2105 of 2011 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CASE NO: FAO No.2105 of 2011
(In claim petition No.78-MACT of 2009)
Date of Decision: April 24, 2012
Chhaju Ram and others
...Appellants
VERSUS
Hasan Deen and others
...Respondents
CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN
Present: Mr.Ashok Kumar Sharma Bhana, Advocate
for the appellants.
None for respondent No.2.
Mr.Neeraj Khanna, Advocate
for respondents No.3 and 6.
Mr.Sant Lal, Advocate
for respondents No.4 and 5.
JITENDRA CHAUHAN, J.(ORAL)
The present appeal has been filed by the claimants- appellants seeking enhancement of the compensation amount awarded by the learned Motor Accident Claims Tribunal, Hisar, (for short 'the Tribunal') vide Award dated 12.11.2010, on account of death of Smt.Bhagmati, in a motor vehicular accident occurred on 27.08.2009.
The learned counsel for the appellants argued that the amount awarded towards loss of income and funeral expenses is on FAO No.2105 of 2011 -2- the lower side.
On the other hand, the learned counsel for the respondent-Insurance Company has argued that just and adequate compensation has been awarded by the learned Tribunal.
I have heard the learned counsel for the respondent- Insurance Company and perused the record.
The amount awarded towards funeral expenses, transportation and last rites, is on lower side. Therefore, keeping in view the peculiar facts and circumstances of the case and to meet the ends of justice, this Court grants another sum of Rs.15,000/- towards funeral expenses etc., which shall be paid to the claimants- appellants, in the manner indicated in the impugned award, within 45 days from the date of the receipt of certified copy of the judgment, failing which, the appellants shall be entitled to get interest @ 7.5% per annum from the date of the filing of the appeal till its realisation.
In view of the above, the present is party allowed and the impugned Award is modified to the above extent.
April 24, 2012 (JITENDRA CHAUHAN) Vgulati JUDGE