Challenge in appeal against quantum of compensation assessed in motor accident case. Appellant contended deceased pension was sufficient but court noted admission of agricultural land possession.
Appeal dismissed; compensation assessment of first Appellate Court affirmed.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
R.S.A.No.787 of 2010 (O&M)
Date of decision : 19.2.2010
Baldev Singh and others
....Appellants
Versus
Lakhwinder Singh and others
...Respondents
CORAM : HON'BLE MR.JUSTICE MAHESH GROVER
Present : Mr. Akshay Kumar Goel, Advocate for the appellants.
MAHESH GROVER, J.
The only challenge made in the instant appeal is to the quantum of compensation which has been assessed. It has been contended by the learned counsel for the appellants that the deceased was said to be a retired policeman and was receiving Rs.4,200/- as pension and there was no material to show that he was possessing agricultural land. But in the observations of the first Appellate Court it has been mentioned that appellant Baldev Singh himself while appearing as his own witness in the proceedings had admitted that the deceased was having some agricultural land and the plaintiffs' witness had also supported the case that he was having 5/6 acres agricultural land.
In this view of the matter, when the first Appellate Court
R.S.A.No.787 of 2010 (O&M) -2-
assessed the compensation at 3.5 lakhs by modifying the compensation assessed by the learned trial court at Rs.7 lakhs, I am of the opinion that the criteria resorted to by the courts below cannot be faulted with. Accordingly, the appeal is totally without any merit and it also does not disclose any substantial question of law.
Dismissed.
19.2.2010 (MAHESH GROVER) JUDGE
dss
Baldev Singh and others
Lakhwinder Singh and others
Mahesh Grover
As recorded by the court registry
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