COURT OF PUNJAB AND HARYANA AT CHANDIGARH…
The appeal was dismissed without recording any reasons in this specific order.
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Date of decision: 15th July, 2014
Paramjit Singh and others
� Appellants
Versus
Gursewak Singh and others
� Respondents
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Present: Mr. Deepak Bhardwaj, Advocate for the appellants.
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Appellants are sons and daughter of deceased Dharminder Kaur aged about 55 years who died due to an accident caused due to rash and negligent driving of respondent No.1 of the offending vehicle, which was owned by respondent No.2 and insured with respondent No.3. The appellants were aged about 34, 26 and 28 years respectively at the time of accident. Husband of the deceased Dharminder Kaur had predeceased her. According to the claimant6 appellants, they have been deprived of love and affection and services of their mother Dharminder Kaur and on the basis of the aforesaid submissions, her income was taken to be �3,500 per month, out of
Singh Rattan Pal 2014.07.21 10:23 I attest to the accuracy and integrity of this document Punjab & Haryana High Court
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which 1/3rd was deducted towards her personal expenses. Annual dependency was fixed at �28,000 and thereafter, applying multiplier of 11, compensation was computed at �3,08,000. Another amount of �10,000 towards funeral expenses and �5,000 towards loss of estate was added and thus, the claimant6appellants were held entitled to a total amount of compensation worth �3,23,000.
It has been submitted before this Court on behalf of the claimant6appellants that income of the deceased should have been taken at �5000 per month and appellants were also entitled to compensation of �1.00 lakh towards loss of love and affection to them.
At this stage, it may be noticed that from the facts established on record, it is made out that the appellants were not dependent upon the deceased at all. Moreover, the deceased was a widow lady living with her sons and daughter, and thus, there cannot be any question of earning any income by her. There is no dispute that the appellants have been deprived of love and affection of their mother, however, such love and affection cannot be measured by any quantum of compensation. Moreover, they have already been granted compensation under the other heads by determining income of the deceased and applying multiplier. In view thereof, this Court is not inclined to interfere with the Award passed by the Tribunal.
Dismissed.
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Singh Rattan Pal 2014.07.21 10:23 I attest to the accuracy and integrity of this document Punjab & Haryana High Court
Paramjit Singh and others
Gursewak Singh and others
As recorded by the court registry
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