Allowed

Usha Devi and Ors. v. Subhash and Ors.

Punjab & Haryana HC20 Oct 2011FAO/4979/2010

Case brief

AI extract

What is this about?

Single judge allowed the appeal filed against the award of the Motor Accident Claims Tribunal. The court enhanced compensation for heads of loss of estate, cremation, and consortium and directed payment with interest for delay.

What did the court decide?

Enhancement of compensation by Rs. 20,000 directed to be paid within 45 days. Interest at 7.5% p.a. directed from date of filing appeal.

Usha Devi and Ors. Vs Subhash and Ors. — Motor Accident Claims | Punjab & Haryana HC (2011)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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FAO No.4979 of 2010

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Date of decision :20.10.2011

Usha Devi and others

...Appellants

Versus

Subhash and others

...Respondents

CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN

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Present: Mr.Sumeet Singh, Advocate for Mr. K.S. Dhaliwal, Advocate, for the appellants.

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Mr. Suman Jain, Advocate, for the respondent-Insurance Company.

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JITENDRA CHAUHAN, J. (Oral)

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The instant appeal has been filed against the award dated 05.03.2010 passed by the Motor Accident Claims Tribunal, Karnal, (for short ‘MACT’), seeking enhancement of compensation, on account of death of Karambir.

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From the perusal of the award it is made out that Rs. 5000/has been awarded towards the head 'loss of estate', Rs. 5,000/- for ‘transportation’, Rs.5000/- for 'cremation', Rs.5000/- on account of consortium and Rs. 5,18,400/- on account of loss of dependency. (Total Rs. 5,38,400/-).

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I have heard learned counsel for the parties and from the perusal of the record, compensation of Rs. 5000/- awarded towards the head 'loss of estate', Rs.5000/- for 'cremation' and a sum of Rs.5000/-

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on account of 'consortium' is inadequate. Therefore, Rs. 5000/awarded towards the head 'loss of estate' is raised to Rs.10000/-, Rs. 5000/- for 'cremation' is raised to Rs.10000/-, and Rs.5000/- on account of 'consortium' is increased to Rs. 15000/-, over and above the amount already awarded under each head.

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Award under all other heads is reasonable and adequate amount of compensation has been awarded. To that extent the award passed by the learned Tribunal is maintained.

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The enhanced compensation of Rs. 20,000/- shall be payable within 45 days from the date of receipt of this judgement. In case the enhanced amount is not paid within the stipulated period, it shall carry interest at the rate of 7.5% per annum from the date of filing of the appeal, till it is realised.

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20.10.2011 tarunsahni

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(JITENDRA CHAUHAN) JUDGE

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Note : Whether to be referred to Reporter ? Yes / No

Usha Devi and Ors. v. Subhash and Ors.

Case brief

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Usha Devi and Ors. v. Subhash and Ors.

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