In an appeal against a Motor Accident Claims Tribunal award, the Court held that funeral expenses were inadequately compensated. The Court enhanced compensation by Rs. 15,000 and modified the Tribunal's award.
Enhanced compensation by an additional sum of Rs. 15,000 towards funeral expenses and related costs.
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.
FAO No.2105 of 2011
-1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CASE NO: FAO No.2105 of 2011 (In claim petition No.78-MACT of 2009) Date of Decision: April 24, 2012
Chhaju Ram and others
...Appellants
VERSUS
Hasan Deen and others
...Respondents
CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN
Present: Mr.Ashok Kumar Sharma Bhana, Advocate for the appellants.
None for respondent No.2.
Mr.Neeraj Khanna, Advocate for respondents No.3 and 6.
Mr.Sant Lal, Advocate for respondents No.4 and 5.
JITENDRA CHAUHAN, J.(ORAL)
The present appeal has been filed by the claimantsappellants seeking enhancement of the compensation amount awarded by the learned Motor Accident Claims Tribunal, Hisar, (for short 'the Tribunal') vide Award dated 12.11.2010, on account of death of Smt.Bhagmati, in a motor vehicular accident occurred on 27.08.2009.
The learned counsel for the appellants argued that the amount awarded towards loss of income and funeral expenses is on
FAO No.2105 of 2011
-2-
the lower side.
On the other hand, the learned counsel for the respondent-Insurance Company has argued that just and adequate compensation has been awarded by the learned Tribunal.
I have heard the learned counsel for the respondentInsurance Company and perused the record.
The amount awarded towards funeral expenses, transportation and last rites, is on lower side. Therefore, keeping in view the peculiar facts and circumstances of the case and to meet the ends of justice, this Court grants another sum of Rs.15,000/towards funeral expenses etc., which shall be paid to the claimantsappellants, in the manner indicated in the impugned award, within 45 days from the date of the receipt of certified copy of the judgment, failing which, the appellants shall be entitled to get interest @ 7.5% per annum from the date of the filing of the appeal till its realisation.
In view of the above, the present is party allowed and the impugned Award is modified to the above extent.
(JITENDRA CHAUHAN) JUDGE
April 24, 2012 Vgulati
1 issue framed by the court
Whether the compensation awarded by the Motor Accident Claims Tribunal towards funeral expenses and loss of income is on the lower side and requires enhancement.
Chhaju Ram
Hasan Deen
Jitendra Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
