Partly allowed

Sharanjit Kaur v. Avtar Singh and Ors.

Punjab & Haryana HC2 Jan 2012FAO/6660/2010

Case brief

AI extract

What is this about?

In a Motor Accident Claims appeal, the High Court condoned a 20-day delay, increased the compensation multiplier to 13 per Smt. Sarla Verma, awarded funds for funeral expenses, and enhanced the total relief by a directed amount.

What did the court decide?

Compensation enhanced by Rs. 1,16,000 to a new total of Rs. 4,36,000 to be paid within 45 days with 7.5% interest on default.

Sharanjit Kaur Vs Avtar Singh and Ors. — Motor Accident Claims | Punjab & Haryana HC (2012)

¶1

FAO No.6660 of 2010 (O&M) 1

¶2

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶3

FAO No.6660 of 2010 (O&M) Date of decision:2.1.2012

Sharanjit Kaur

....Appellant

Versus

Avtar Singh and others

¶8

...Respondents

¶9

CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN

¶10

Present: Mr.Suveer Sheokand, Advocate for the appellant

¶11

Mr.Ravinder Arora, Advocate for respondent No.2- Insurance Company

¶12

¶13

Jitendra Chauhan, J.(Oral)

¶14

CM No.28902-CII of 2010

¶15

Despite sufficient opportunity, no reply has been filed by the

¶16

respondents.

¶17

Keeping in view the averments made in the application, delay

¶18

of 20 days in filing the appeal is hereby condoned.

¶19

Application stands disposed of.

¶20

FAO No.6660 of 2010

¶21

FAO No.6660 of 2010 (O&M) 2

¶22

The present appeal has been filed by the claimant-appellant, seeking enhancement of the compensation amount awarded by the learned Motor Accident Claims Tribunal, Ludhiana (for short 'the Tribunal'), vide award dated 2.3.2010, on account of death of her husband Jaswant Singh, in a motor vehicular accident on 22.6.2008.

¶23

Learned counsel for the appellant has contended that the deceased was 50 years of age at the time of accident. The learned Tribunal has wrongly applied the multiplier of 10. He has further contended that no amount has been awarded towards funeral expenses and love and affection.

¶24

On the other hand, learned counsel for respondent-Insurance Company has contended that the compensation granted by the learned Tribunal is just and appropriate.

¶25

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

¶26

case file.

¶27

It is admitted that death of Jaswant Singh was caused on account of accident caused by the driver of the offending vehicle. The deceased was 50 years of age. The age is not disputed. Therefore, in view of Smt.Sarla Verma's case (supra) , the multiplier of 13 instead of 10 ought to have been applied. Ordered accordingly.

¶28

From perusal of the impugned award, it reveals that no amount was awarded towards funeral expenses and consortium. The deceased was the only bread earner in the family. The untimely death of Jaswant Singh was a great shock to his family. Therefore, keeping in view the facts and circumstances of the case, this Court grants a sum of `20,000/-towards conventional heads.

¶29

FAO No.6660 of 2010 (O&M)

¶30

¶31

No other point has been urged or agitated by the counsel for the

¶32

parties.

¶33

Accordingly, the total compensation comes to 4,36,000/(4000 (monthly income) x 2/3<sup>rd</sup> (dependency) x 12 x 13 (multiplier) + 20000 ( conventional heads). The balance enhanced amount i.e.1,16,000/(4,36,000- 3,20,000( excluding medical expenses i.e. `76,000-, already awarded by the learned Tribunal), shall be paid to the appellant, in the manner indicated in the impugned award within 45 days from the date of receipt of the certified copy of the judgment, failing which, the same shall carry interest @ 7.5 % per annum from the date of filing of the appeal, till its realisation.

¶34

In view of above, the present appeal is partly allowed with the modification indicated above in the impugned award.

¶35

02.01.2012 gsv

¶36

(JITENDRA CHAUHAN) JUDGE

Sharanjit Kaur v. Avtar Singh and Ors.

Case brief

What is this about?

What did the court decide?

Sharanjit Kaur v. Avtar Singh and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Gurbachan Singh Vs Balbir Singh and Others

United India Insurance Company Ltd. Vs Raj Kumar and Ors.

Saroj Devi Vs Surender Singh and Ors.

Sharanjit Kaur and Ors. Vs Avtar Singh and Ors.

Phool Singh Vs Arjun Singh & Ors.

Latif Vs Afsana and Ors.