Punjab-Haryana High Court
Deepak Kumar vs Smt. Laxmi Devi & Others on 19 April, 2012
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO No. 239 of 1995.
Date of Decision: 19.4.2012.
Deepak Kumar .... Appellant
Versus
Smt. Laxmi Devi & others .... Respondents
CORAM: HON'BLE MR. JUSTICE NAWAB SINGH Present: Mr. Randeep Singh, Advocate, for the appellant.
Mr. Vinod Gupta, Advocate, for respondent No.8.
NAWAB SINGH.J (ORAL)
In this appeal against the Award dated
September 7th, 1994 passed by the the Motor Accident Claims Tribunal (for short "the Tribunal"), Hissar, the question falling for decision by this Court is whether the amount awarded as compensation was adequate having regard to the age and income of the deceased.
2. The allegations, in the claim application under Section 166 of the Motor Vehicle Act, briefly, were that Shyam Sunder, aged 55 years, owner of a Confessionary shop at Hisar, died in a road accident on October 8th, 1991 on account of negligent driving of motor cycle No. HYW-5577 by Deepak Kumar.
3. His widow, five children and mother filed claim application seeking compensation on account of his death. It was pleaded that his income was Rs.3650/- per month.
4. The Tribunal assessed the monthly dependency at Rs.3000/- and considering the age of the deceased to be 50 years, applied multiplier of 10. It awarded compensation of Rs.3,60,000/- along with interest at the rate of 12% per annum from the date of filing claim application till its realization.
5. The driver-cum-owner of the motor cycle is in appeal before this Court.
6. The only submission of counsel for the appellant is that the amount awarded was on higher side.
7. Keeping in view the age of the deceased, that is, 50 years and also his vocation, the dependency of Rs.3000/- per month was just and reasonable. The multiplier was also correctly applied. In this view of the matter, no interference is called for in the impugned Award. Hence, the appeal is dismissed.
19.4.2012. (NAWAB SINGH) SN JUDGE