Partly allowed

Kuldeep Kaur & Anr. v. Khem Chand & Ors.

Punjab & Haryana HC25 Apr 2012FAO/2663/2011

Case brief

AI extract

What is this about?

The High Court enhanced statutory compensation awarded for the death of a 22-year-old B.Tech student in a motor vehicle accident. The court relied on Supreme Court precedent and added Rs. 1,00,000 due to the deceased's future earning potential.

What did the court decide?

Enhanced compensation by Rs. 1,00,000 with interest at 7.5% per annum if not paid within forty-five days.

Kuldeep Kaur & Anr. Vs Khem Chand & Ors. — Motor Accident Claims | Punjab & Haryana HC (2012)

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FAO No.2663 of 2011

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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FAO No.2663 of 2011 In MACT Case No.10 of 2009 Date of decision: 25.4.2012

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Kuldeep Kaur & another

...Appellants

Versus

Khem Chand & others

...Respondents

CORAM:HON'BLE MR. JUSTICE JITENDRA CHAUHAN

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Present:Mr. G.S. Nahel, Advocate, for the appellants.

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Mr. Vinod Gupta, Advocate for respondent No.3.

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JITENDRA CHAUHAN, J. (ORAL)

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The claimants-appellants have preferred this appeal seeking enhancement of compensation amount passed by the learned Motor Accident Claims Tribunal, Sangrur on account of death of their son Kamaljit Singh, in a vehicular accident that took place on 15.12.2008.

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The brief facts of the case are that on 15.12.2008, deceased Kamaljit Singh was going from village Barwala to Swami Devi Dayal College of Engineering, Barwala at Village Goalpura, District Panchkula in a three wheeler bearing registration No HR-68-8596. When the three wheeler reached near M.L.B. Bijli Bhatta Village Mouli, District Panchkula, meanwhile, a truck bearing registration No.HR-12-C-6931, being

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FAO No.2663 of 2011

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driven by respondent No.1. Khem Chand, in a rash and negligent manner came from the opposite side and hit the right front side of the said three wheeler. As a result thereof, the three wheeler turned turtle and all the occupants of the three wheeler including the driver fell underneath the three wheeler. All the occupants of the three wheeler received injuries. They were removed to Swami Devi Dayal Dental College and Hospital, Barwala. The deceased died on the way to hospital.

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Claimants-appellants, parents of the deceased preferred claim petition bearing No.10 of 2009, before Motor Accident Claims Tribunal Sangrur, which was decided by the learned Tribunal on 11.10.2010, whereby an amount of Rs.3,00,000/-in lump sum was awarded on account of death of Kamaljit Singh.

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Feeling dissatisfied, the claimants-appellants came up in the present appeal seeking enhancement of the compensation amount.

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The learned counsel for the appellants contend that the deceased Kamaljit Singh was 22 years of age at the time of the accident and he was a student of 2^nd year of B.Tech (Mechanical) at Swami Devi Dayal College of Engineering, Barwala at Village Goalpura District Panchkula. He further submits that he would have been able to get a job of Engineer in some reputed organization in near the future carrying salary not less than Rs.20,000/- per month. He further contends that the compensation awarded by the learned Tribunal is on the lower side.

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FAO No.2663 of 2011

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On the other hand the learned counsel for the respondent states that just and adequate compensation has been awarded by the Tribunal. He further prays for dismissal of the appeal.

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I have heard the learned counsel for the parties and perused the record.

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The deceased Kamaljit Singh was the only son of his parents and was having a good academic record. From the perusal of the record it emerges that deceased was a student of 2^nd year of B.Tech (Mechanical) at Swami Devi Dayal College of Engineering, Barwala at Village Goalpura District Panchkula. The deceased was persuing B.Tech, which is one of the most sought after discipline and it has a huge earning potential nowadays, therefore the claimants-appellant are not only deprived of their future earning but they have also been emotionally devastated.

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The Hon'ble Supreme Court in R.K. Malik and another

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Vs. Kiran Pal & others 2009 Accident Claims Journal 1924

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case awarded Rs.2,25,000/- to a child of 14 years in the year 2009, if the ratio of R.K. Malik's case is applied in the present case at the current price-index the amount of another Rs.4,00,000/- deserves to be enhanced in the present case.

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Keeping in view the circumstances of the case, this Court feels that the ends of justice would be met if amount of another Rs.1,00,000 is allowed in favour of claimants-appellants. Ordered accordingly.

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The enhanced amount Rs.1,00,000/- shall be payable by

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FAO No.2663 of 2011

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the respondents to the claimants-appellants at the ratio indicated in the award within 45 days from the date of receipt of certified copy of this judgment. If the amount is not paid within the stipulated period the claimant shall be entitled to interest @ 7 ½

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% per annum from the date of filing the appeal till its realisation.

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With the above modification in the impugned award, the appeal is partly allowed.

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25.4.2012 aarti

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JITENDRA CHAUHAN) JUDGE

Kuldeep Kaur & Anr. v. Khem Chand & Ors.

Case brief

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Kuldeep Kaur & Anr. v. Khem Chand & Ors.

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