F. A. O. No. 1447 of 2009 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Case No. : F. A. O. No. 1447 of 2009
Date of Decision : April 16, 2009
Pepsu Road Transport Corporation .... Appellant
Vs.
Swaranjit Kaur and others .... Respondents
CORAM : HON’BLE MR. JUSTICE L. N. MITTAL
* * *
Present : Mr. Harsh Aggarwal, Advocate
for the applicant-appellant.
* * * L. N. MITTAL, J. (Oral) : C. M. No. 7295-C-II of 2009 :
For the reasons mentioned in the application, delay of six days
in filing the appeal is condoned.
Main Appeal :
This is appeal by Pepsu Road Transport Corporation-owner of
the alleged offending bus impugning Award dated 17.12.2008 of learned
Motor Accident Claims Tribunal, Patiala thereby awarding compensation of
Rs.1,60,000/- to claimant-respondents no.1 and 2 herein for the death of
their son Bikram Singh.
Learned counsel for the appellant assailed the finding of the
Tribunal on issue no.1 relating to the accident being caused by rash and
negligent driving of the bus by Gurmeet Singh-respondent no.4 herein.
F. A. O. No. 1447 of 2009 2
However, F.A.O. No. 1318 of 2009 filed by the appellant against the same
Award relating to another claim petition, already stands dismissed vide
judgment dated 19.03.2009 of this Court and therefore, the finding on issue
no.1 as recorded by the Tribunal has to be affirmed in the instant appeal as
well.
Learned counsel for the appellant also challenged the amount
of compensation awarded by the Tribunal. However, the said amount is not
excessive and is rather just, fair and reasonable. The deceased was 11 years’
boy studying in 4th standard. His nominal income has been taken to be
Rs.15,000/- per annum and after deducting 1/3rd out of it for the personal
expenses of the deceased, dependency was assessed to be Rs.10,000/- per
annum. Multiplier of 15 has been applied. In addition, a sum of
Rs.10,000/- has been awarded as funeral expenses. The compensation has
been calculated by and large according to second schedule of the Motor
Vehicles Act, 1988. The compensation amount is not at all excessive.
In view of the aforesaid, finding no merit in the instant appeal,
the same is hereby dismissed.
The amount of Rs.25,000/- deposited by the appellant with the
Registry of this Court while preferring this appeal be remitted to the
Tribunal.
April 16, 2009 ( L. N. MITTAL ) monika JUDGE