The appellant, parents of a deceased accident victim, challenged an award of Rs. 3,08,000/- granting compensation. The court dismissed the appeal, upholding the tribunal's award due to a lengthy delay of 1165 days and lack of merit.
The appeal was dismissed; the award of Rs. 3,08,000/- with 6% interest passed by the Tribunal was upheld.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
FAO No. 6289 of 2014
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
FAO No. 6289 of 2014 (O&M)
Date of decision : 23.01.2017
Balwinder Kaur & anr.
....Appellants
V/s
Ranjit Singh & ors.
....Respondents
BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. K.S. Lakhanpal, Advocate for the appellants.
Mr. V. Ramswaroop, Addl. A.G. Punjab.
RAJAN GUPTA J.
Present appeal emanates from award passed by tribunal whereby compensation of `3,08,000/-alongwith 6% interest has been granted to the claimants.
Claimants-appellants, who are parents of the deceased-Gurpreet Singh, have challenged the award and seek enhancement of compensation. It has been urged before the court that trial court ought to have taken into consideration age of the deceased and apply multiplier accordingly. Computed in such manner, compensation would be much higher. I have considered the plea.
An accident took place on 16.11.2008 in which Gurpreet Singh died. Parents of Gurpreet Singh lodged claim with the tribunal. The court framed issues and came to the conclusion that accident had occurred as a result of rash and negligent driving by driver of the offending vehicle. As there was no tangible proof in support of income of the deceased, same was taken as `3500/- p.m. After deducting 1/3rd from this amount as personal
Ajay Kumar 2017.01.25 14:50 I attest to the accuracy and authenticity of this document
FAO No. 6289 of 2014
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expenses, compensation was computed as `3,08,000/-. Claimants were also held interest at the rate of 6% per annum on the awarded amount from the date of award till realization. I find no ground to interfere in the award passed by tribunal which pertains to an accident which occurred in the year 2008. There is delay of 1165 days ( C.M. No. 17040-CII of 2014 ) in filing the appeal i.e. almost 3½ years. Plea for condonation has also been opposed by State by filing affidavit of Depot Manager, PUNBUS Tarn Taran. Besides, claimants may have received the entire amount of claim alongwith interest longtime back. Appeal is, thus, without any merit and is hereby dismissed.
January 23, 2017 (RAJAN GUPTA) Ajay JUDGE
Whether speaking/reasoned: Yes/No Whether reportable: Yes/No
Ajay Kumar 2017.01.25 14:50 I attest to the accuracy and authenticity of this document
2 issues framed by the court
Whether the appeal for enhancement of compensation in a motor accident case should be allowed despite a significant delay in filing.
Whether the Tribunal's quantum of compensation of Rs. 3,08,000/- with 6% interest should be enhanced based on the age of the deceased.
Colour shows how this judgement treated each authority
C.M. No. 17040-CII of 2014Referred¶21
Balwinder Kaur
Ranjit Singh
Rajan Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
