Amritpal Singh & Anr. Vs Gurmit Kaur & Anr.

The driver and owner of the offending vehicle have preferred the present appeal, for setting aside the impugned award dated 9.1.2012, passed by the learned Motor Accident Claims Tribunal, Amritsar (for short 'the Tribunal'), whereby the appellants were held liable to indemnify the award jointly and severally.

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Learned counsel for the appellants submits that the deceased was a minor girl of about four years. The learned Tribunal awarded a sum of Rs.1,54,000/-, which is on the higher side.

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FAO No.2277 of 2012 (O&M)

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2

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I have heard the learned counsel for the appellants and perused

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the case file.

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Admittedly, the death of Palakpreet Kaur, who was about four years, occurred in a road accident. The claim petition was filed under Section 163-A of the Motor Vehicles Act, 1988. Therefore, the learned Tribunal has rightly decided the claim petition as per the structured formula and in terms of 2^nd Schedule of the Act, considered her notional income as Rs.15,000/-, deduction 1/3^rd , applied the multiplier of 15 and awarded a sum of Rs.1,54,500/-. On rescanning the impugned award, this Court finds no illegality or material irregularity. As such, the present appeal being bereft of any merit is dismissed in limine.

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(JITENDRA CHAUHAN) JUDGE

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20.4.2012 gsv

Amritpal Singh & Anr. v. Gurmit Kaur & Anr.

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Amritpal Singh & Anr. v. Gurmit Kaur & Anr.

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