Appeal against the compensation awarded by the Motor Accident Claims Tribunal for death in a road accident. The High Court held the amount was not excessive given the circumstances and dismissed the appeal.
The appeal was dismissed as devoid of merits; the original award of Rs. 5 lacs was upheld.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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FAO No.1728 of 2011 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
FAO No.1728 of 2011 (O&M) Date of decision: 13.1.2012
New India Assurance Company Ltd.
...Appellant
Versus
Shanti Kaur and others
...Respondents
CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN
Present: Mr.Vinod Gupta, Advocate for the appellant.
Mr.Amit Gupta, Advocate for respondents. ****
Jitendra Chauhan, J. (Oral)
The appellant i.e. Insurance Company has preferred the present appeal, seeking reduction of the compensation awarded by the learned Motor Accident Claims Tribunal, (Fast Track Court), Gurdaspur (for short 'the Tribunal'), vide Award dated 1.12.2010, on account of death of Baljeet Singh in a motor vehicular accident on 24.10.2008.
The Insurance Company has challenged the impugned award only on the ground of quantum of compensation.
Learned counsel appearing for the appellant has contended that the learned Tribunal has wrongly determined the compensation. The deceased was unemployed and having no source of income. Mother was the only dependent. The learned Tribunal awarded a lump sum amount of Rs.5 lacs, which is excessive.
On the other hand, the learned counsel appearing for the
FAO No.1728 of 2011 (O&M)
2
respondent Nos. 1 to 3 -claimants has contended that the learned Tribunal has rightly awarded the compensation.
I have heard learned counsel for the parties and perused the
record.
Admittedly, death of Baljeet Singh had occurred on account of rash and negligent driving of driver of the offending vehicle on 24.10.2008. He was a able bodied person of 18 years, at the time of accident. In view of her mother's statement, he was working as a mason. He was the sole bread earner in the family. He left behind his widow mother and two minor brothers. His father had died prior to his death. Therefore, the whole family was dependent upon the deceased. The untimely death of Baljeet Singh was a great shock to his family. On account of his death, the whole family would continue to suffer hardship for a prolonged period. Therefore, keeping in view the facts and circumstances of the case, the compensation awarded i.e. Rs.5 lacs in lump sum by the learned Tribunal on account of death of Baljeet Singh, cannot be said to be excessive or exorbitant. Accordingly, I do no find any ground to interfere in the impugned Award. The appeal, being devoid of any merits, is accordingly dismissed.
(JITENDRA CHAUHAN) JUDGE
13.1.2012 poonam/gsv
1 issue framed by the court
Whether the lump sum compensation of Rs. 5 lacs awarded by the Tribunal for the death of the deceased is excessive or exorbitant.
New India Assurance Company Ltd.
Shanti Kaur
others
Jitendra Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
