Partly allowed

Smt/ Krishana Devi and Ors. v. Sh. Darshan Singh and Ors.

Punjab & Haryana HC16 Jan 2012FAO/749/1995

Case brief

AI extract

What is this about?

In this motor accident claim appeal, the High Court allowed the enhancement of compensation from `1,08,000/- to `1,46,000/- on applying the correct multiplier of 7 per Sarla Verma case, awarded `20,000/- for conventional heads, and dismissed the appeal of the second appellant.

What did the court decide?

Enhanced compensation of Rs. 38,000/- granted (deducted from dependency award and awarded as conventional heads); appeal of second appellant dismissed.

Smt/ Krishana Devi and Ors. Vs Sh. Darshan… — Motor Accident Claims | Punjab & Haryana HC (2012)

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FAO No.749 of 1995

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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FAO No.749 of 1995 (in Claim Petition No.62 of 10.06.92)

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Date of decision: 16.01.2012

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Krishna Devi and another

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...Appellant

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Versus

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Darshan Singh and others

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...Respondents

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CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN

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Present: Mr. Sherry Singla, Advocate, for the appellant.

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Mr. Jagjit Singh, Advocate, for Mr. Ashwani Talwar, Advocate, for respondent No.3-Insurance Company.

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-.-

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JITENDRA CHAUHAN, J. (ORAL)

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This is claimants' appeal seeking enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Patiala (for short, 'the learned Tribunal') vide the impugned Award dated 27.09.1994.

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The learned counsel for the appellant has made two-fold contentions. The first being that the multiplier applied by the learned Tribunal is not in consonance with the law laid down by Hon'ble the Apex Court on Smt. Sarla Verma Vs. DTC, 2009(3)

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FAO No.749 of 1995

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R.C.R (Civil) 77, and the second, that no compensation had been awarded against the conventional heads.

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On the other hand, the learned counsel for the respondent-Insurance Company has argued that the compensation awarded is just and appropriate.

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I have heard the learned counsel for the parties and gone through the record.

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From the impugned Award, it is made out that the deceased, Inderjit Singh, was 61 years of age at the time of his death in the accident on 24.03.1992. The learned Tribunal, while assessing the compensation, applied the multiplier of 6. However, as per the law laid down in Sarla Verma's case (supra), keeping in view the age of the deceased, the correct multiplier to be applied in the instant case is 7. Ordered accordingly.

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Therefore, the compensation towards the head 'dependency' comes to 1,26,000/- as against the amount of 1,08,000/- awarded by the learned Tribunal. Another amount of 20,000/- is awarded under the 'conventional heads'. In all, the claimant-Krishna Devi is held entitled to the amount of 38,000/as enhanced compensation. The appeal qua claimant-appellant No.2 is dismissed.

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The enhanced compensation of `38,000/- shall be paid to the claimant-appellant No.1 within a period of 45 days from the

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FAO No.749 of 1995

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date of receipt of a certified copy of this judgment in terms of the impugned Award, failing which, she shall also be entitled to the interest @ 7.5% p.a. from the date of filing the present appeal, till its realization.

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With the above modification in the impugned award,

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the present appeal is partly allowed.

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16.01.2012 ( JITENDRA CHAUHAN) atulsethi JUDGE

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Note : Whether to be referred to Reporter : Yes / No.

Smt/ Krishana Devi and Ors. v. Sh. Darshan Singh and Ors.

Case brief

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Smt/ Krishana Devi and Ors. v. Sh. Darshan Singh and Ors.

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