IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
FAO No.5470 of 2006(O&M)
Date of decision: 30.7.2009
Balbir Singh and another ......Appellants(s)
Versus
Baldev Singh & others ......Respondent(s)
CORAM:- HON’BLE MR.JUSTICE RAKESH KUMAR GARG
* * *
Present: Mr. Pankaj Bali, Advocate for the appellants.
Mr. Paul S. Saini, Advocate for respondent No.2.
Rakesh Kumar Garg, J.(Oral)
CM No.25486-CII of 2006
For the reasons mentioned in the application which remained
unrebutted, delay of 269 days in filing this appeal is condoned .
CM stands disposed of.
FAO No.5470 of 2006
By way of this appeal, the appellants have challenged the
impugned award passed by the Tribunal dated 23.11.2005 on the ground
of inadequacy of compensation whereby their claim petition for grant of
compensation on account of death of Jaspal Singh on 20.12.1999 in a
motor vehicular accident caused by respondent No.1 due to rash and
negligent driving of truck No. HR-45-5192, was allowed holding that the
claimant-appellants had already been awarded Rs.2,92,000/- as
compensation on account of death of Jaspal Singh in the aforesaid motor
vehicle accident by a judgment dated 11.12.2002 passed by Shri J S
Jhangra the then MACT, Karnal .
The brief facts of the case which are necessary for the
disposal of this appeal are that Jaspal Singh, son of the appellants, died on
20.12.1999 in an accident which was caused by respondent No.1 due to
rash and negligent driving of truck No. HR-45-5192.
FAO No.5470 of 2006(O&M) -2-
Gurmeet Kaur, widow of the deceased Jaspal Singh, filed a
claim petition claiming compensation on account of death of Jaspal Singh
in the said motor vehicular accident. The appellants were not party to the
aforesaid claim petition.
Shri J. S. Jhangra, the then MACT, Karnal vide his judgment
dated 11.12.2002, copy of which was placed on record of this case, has
held that the death of Jaspal Singh was caused on account of rash and
negligent driving of truck No.HR-45-5192 by respondent No.1. The
Tribunal assessed the compensation at Rs.7,30,000/- payable on account
of death of aforesaid Jaspal Singh and ordered to pay an amount of
Rs.4,38,000/- to Gurmeet Kaur, widow of the deceased, observing that the
remaining amount of compensation i.e Rs.2,92,000/- shall go to the
parents of the deceased (appellants) who were not impleaded as claimants
in that claim petition. It may be pointed out that the rights of the appellants
qua compensation to the tune of Rs.2,92,000/- already stood determined in
the previous award Ex.P-1. The aforesaid award has already become final
and even the appellants have not challenged the same.
While passing the impugned award, the Tribunal granted
interest @ 6% per annum from the date of the claim petition till its
realization on the amount of Rs.2,92,000/- to the appellants. There is no
other evidence on record on the basis of which the compensation can be
enhanced in favour of the appellants.
Thus, I find no merit in this petition.
Dismissed.
July 30, 2009 (RAKESH KUMAR GARG) ps JUDGE