FAO No.3126 of 2009(O&M) [1 ]
IN THE HIGH COURT FOR THE STATES OF PUNJAB &
HARYANA AT CHANDIGARH
...
FAO No.3126 of 2009(O&M)
Decided on : October 05, 2009
Smt.Resham Kaur and others
… Appellants
VERSUS
Union of India and others
… Respondents
CORAM :
HON’BLE MR.JUSTICE A.N.JINDAL
Present: Mr.Manjul Sud,
Advocate for the appellants.
A.N.JINDAL, J.-
The award dated 19.7.2005 passed by the Motor Accident
Claims Tribunal, Hoshiarpur awarding compensation to the claimants to the
tune of Rs.80,000/- on account of the death of Kabil Singh, aged about 75
years in a motor vehicle accident, has been assailed by the claimants on the
ground of inadequacy.
Heard.
Though, the deceased was not earning anything on account of
his old age, yet the Tribunal has awarded adequate compensation to the tune
of Rs.80,000/-. Without further commenting upon the quantum of
compensation, it would be suffice to say that the deceased, who was
driving the two-wheeler with a gas cylinder at his back, could loose the
balance on his own and slip down, yet the Tribunal while holding the
FAO No.3126 of 2009(O&M) [2 ]
negligence of the driver of the offending vehicle – respondent No.3,
awarded the compensation. Though, the claimants Gurmit Singh and
Kulwinder Kaur, who are in their forties, appear to be independent and
cannot be said to be dependent, yet they want to encash the death of the
deceased.
Even otherwise, the appellants have failed to explain the delay
of 1450 days in re-filing the appeal, therefore, such long delay without any
sufficient or plausible reasons, cannot be condoned. Hence, the application
is dismissed.
Resultantly, the appeal also fails.
October 05, 2009 ( A.N.JINDAL ) `gian' JUDGE