Punjab-Haryana High Court
P.R. T.C. Faridkot vs Paramjit Kaur And Others on 7 March, 2014
Author: K. Kannan
Bench: K. Kannan
FAO No.2133 of 2010 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
FAO No.2133 of 2010 (O&M)
Date of decision March 07, 2014
P.R. T.C. Faridkot
....... Appellant
Versus
Paramjit Kaur and others
........ Respondents
CORAM: HON'BLE MR. JUSTICE K. KANNAN
Present:- Mr. Balwinder Singh, Advocate
for the appellant.
Mr. Saurabh Kaushik, Advocate
for the respondents.
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1. Whether reporters of local papers may be allowed to see the judgment ?
2. To be referred to the reporters or not?
3. Whether the judgment should be reported in the digest?
K. Kannan, J (oral).
1. Appeal is by the Transport Corporation (P.R.T.C.) challenging the finding regarding the involvement of the vehicle and the quantum of compensation determined by the Tribunal.
2. The involvement of the vehicle was spoken to by PW2, who claimed to be witness at whose instance the FIR had been lodged. The driver against whom a criminal case was registered, had been declared a proclaimed offender and in that criminal trial he made him self scarce and only conductor of the bus was brought on record. Immediately after the accident, the statement of PW2 was recorded mentioning the details of vehicle which was involved in the accident and the driver against whom the Mehta Sachin 2014.03.12 10:56 I attest to the accuracy and integrity of this document CHANDIGARH FAO No.2133 of 2010 -2- accident is imputed, was made party in the petition, but he did not take courage to come to the trial to defend himself. The Tribunal was justified in finding that the involvement of the vehicle was established and holding that the owner of the bus being the Corporation was answerable for the claimant for the damages. I affirm the said finding.
3. Although the age of the deceased who was an Army personnel, was not brought through any record, it was established by the fact that deceased had left behind widow and children with specification of ages i.e. 40 years for the widow and 20years, 18 years, 17 years and 14 years for the children. I venture to believe that the assumption made by the Tribunal taking the age of the deceased at 45 years as appropriate and the compensation assessed providing for 1/4th deduction and applying a multiplier of 13 as a just compensation. If at all, there was scope for further increase on the scales, which are now being applied obtaining higher amount for the loss of consortium and for the loss of love and affection and guidance of a parent to the children, an over-all compensation of `4,19,500 would not require any modification and I maintain the same.
4. Appeal is dismissed.
(K. KANNAN) JUDGE March 07, 2014 Sachin M. Mehta Sachin 2014.03.12 10:56 I attest to the accuracy and integrity of this document CHANDIGARH