Dismissed
Surinder Kumar v. Harjinder Pal Kaur and Ors.
Punjab & Haryana HCFAO/3969/2002
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COURT OF PUNJAB AND HARYANA AT CHANDIGARH…
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Date of decision: 25th November, 2014
Surinder Kumar
� Appellant
Versus
Harjinder Pal Kaur and others
� Respondents
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Present: Mr. Ramandeep Singh, Advocate for Mr. R.S. Bajaj, Advocate for the appellant.
Mr. A.P.S. Tung, Advocate for the respondents.
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Owner2cum2Driver of TATA 207 bearing registration No.PB208L29679 has impugned the findings of learned Motor Accident Claims Tribunal, Jalandhar dated 04.05.2002 whereby a sum of �4,80,000 was awarded as compensation with interest @9% p.a.
Heard Mr. Ramandeep Singh, Advocate appearing on behalf of Mr. R.S. Bajaj, Advocate for the appellant and Mr. A.P.S. Tung, Advocate representing the respondents.
RATTAN PAL SINGH 2015.01.29 11:36 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court
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It was on 21.12.1997 deceased Surinder Singh took lift in the offending truck of appellant Surinder Kumar and due to rash and negligent driving of the driver around 8.30 a.m. this vehicle met with an accident with another truck and as a consequence of the injuries Surinder Singh died. The claimants who are the minor children and widow of the deceased filed petition for compensation. It is not disputed that the deceased was aged around 45 years and was working as an LIC Agent though learned counsel for the respondents Mr. A.P.S. Tung claims that the deceased was earning between �15,000 to �18,000 per month but there is no documentary proof of the same. Learned Tribunal has appreciated the evidence of the driver himself who has lodged FIR pertaining to this accident by way of Ex.PW6/A and that it was while overtaking another truck going ahead of the offending vehicle and which truck had hit their truck as a consequence of which the truck being driven by the appellant went out of control and hit the culvert on the road and even admits that he too received injuries along with another passenger Gurnam Singh. Thus, as has been argued the driver himself has admitted the accident having occurred in the manner claimed by the claimants and thus, by this stand the learned Tribunal has reached a conclusion that it was due to the admitted fault of the appellant the accident has occurred.
Learned counsel for the appellant Mr. Ramandeep Singh, could not impress upon this Court how these findings of the learned Tribunal were incorrect when the same are based upon the stand of
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the driver himself, especially when there is no evidence led by the driver to prove that he was not at fault. Not much appreciation of the evidence could be undertaken due to loss of records in the fire and thus, findings on issue No.1 of the Tribunal need to be upheld.
The proven case of the claimants as to the inter2se relationship of the deceased and the claimants and their dependency, avocation of the deceased is brought about by the documents Ex.A1 to Ex.A5. Though it has been argued with much force and vehemence that the agency of Life Insurance Corporation in the name of deceased stands transferred in the name of his wife, certainly does not mitigate their loss by the death of their sole bread2earner. It is established by AW22 Surjan Lal of M/s Super Leather, AW23 Shanker Dass of M/s Onkar Leather Tanning Udyog Samiti, Phillaur and AW24 Rajesh Kumar Sharma from Chamber Hide Co. Phillaur that the deceased was working as a part time Accountant as well and which evidence has remained unrebutted. Learned Tribunal considering all this evidence has taken earnings of the deceased and thus, the dependency to the tune of �40,000 per annum and has applied multiplier of 12 which certainly is on the lower side and so the compensation under various conventional heads have been computed on the lower side.
Learned counsel for the appellant could not show cause how even these findings regarding quantum of compensation were on the higher side. Thus, there being no perversity or illegality in the
RATTAN PAL SINGH 2015.01.29 11:36 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court
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impugned findings of the learned Tribunal the same are upheld and the appeal being hopelessly without any merit stands dismissed with
no order as to costs.
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RATTAN PAL SINGH 2015.01.29 11:36 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court
Surinder Kumar
Harjinder Pal Kaur and others
As recorded by the court registry
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