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Showing contexts for: SONEPAT in Chanderi Devi & Anr vs Jaspal Singh & Ors on 31 March, 2015Matching Fragments
V. GOPALA GOWDA, J.
Leave granted.
This appeal has been filed by the appellant-claimants against the Judgment and order dated 25.07.2013 passed in FAO No. 1652 of 2010 by the High Court of Punjab and Haryana at Chandigarh, wherein the High Court has partly allowed the appeal by enhancing the amount of compensation to Rs.17,10,000/- from Rs.2,00,000/- as awarded by the Motor Accidents Claims Tribunal, Sonepat (for short 'the Tribunal') in its award. The necessary relevant facts are stated hereunder to appreciate the case with a view to ascertain whether the appellants are entitled for further enhancement of compensation as prayed in this appeal.
On the intervening night of 29/30.9.2006, Surinder Singh, Chander Singh and Bijender Singh were travelling in a car bearing registration No. CH-03-P-8405 being driven by Jaspal Singh (respondent No.1) and owned by Karnail Singh (respondent No.2) which hit a car bearing registration No.DL- 9CA-7393 being driven by Vikas Khanna near Piao-Maniari on G.T. Road, Sonepat. All the injured were shifted to General Hospital, Sonepat. Surinder Singh-husband of appellant No.1 and father of appellant No.2 succumbed to his injuries on 04.10.2006.
The appellants filed a claim petition before the Tribunal, Sonepat claiming Rs.1,00,00,000/- as compensation on the ground that the deceased was 32 years of age at the time of his death, and he had been working as an Indian Cook in Moghul Tandoor Restaurant, Bruckenkopfstr, 1/2 Heidelberg, Germany and was earning Rs.1,00,000/- per month and that Rs.1,00,000/- was spent on his treatment, transportation and last rites. The Tribunal on consideration of the facts, circumstances and evidence on record, passed an award of Rs.2,00,000/- with an interest at the rate of 7.5% per annum.
15. Accordingly, we allow this appeal and award an amount of Rs. 29,17,000/- with interest @9% p.a. from the date of filing of the application till the date of payment. The respondent-Insurance Company is directed to deposit the sum payable to the appellant-minor with proportionate interest awarded by this Court in fixed deposit in any nationalised bank as per the preference of appellant-No.1/guardian till the appellant No. 2 attains majority with the liberty to the appellant No.1/guardian to withdraw interest and such amount for her education, development and welfare by filing the appropriate application before the Motor Accidents Claims Tribunal, Sonepat.