Juhari And Others vs Sarfudin And Others on 30 July, 2009

In the High Court of Punjab and Haryana at Chandigarh



F.A.O. No. 2168 of 2009 (O&M)

Date of decision: July 30, 2009

Juhari and others

                                                       .. Appellants

                    Vs.

Sarfudin and others

                                                       .. Respondents

Coram:      Hon'ble Mr. Justice A.N. Jindal

Present:    Mr. Kapil Khanna, Advocate for
            Mr. Sandeep Jasuja, Advocate for the appellants.

A.N. Jindal, J

CM No. 10659-CII of 2009
            Civil Misc. application is allowed. 52 days' delay in making
good the deficiency in court fee is condoned.


FAO No. 2168 of 2009
            Notice of motion.
            On the asking of the Court, Ms. Vandana Malhotra, Advocate
accepts notice on behalf of the respondent No.5-Insurance Company.
            Arguments heard.
            This appeal is directed against the order dated 17.11.2008
passed by the Motor Accident Claims Tribunal, Gurgaon, whereby an award
of Rs.3,54,000/- along with interest @ 7.5% per annum from the date of
filing of the petition till realization has been passed.   The appellants-
claimants have come up for enhancement.
            Learned counsel for the respondent No.5-Insurance Company
has strenuously contended that the deceased was around 45 years of age,
therefore, the Tribunal had applied appropriate multiplier in this case. She
has also brought to my notice that Juhari (PW3), wife of the deceased,
deposed in her affidavit Ex.PB that the age of the deceased was 45 years at
 F.A.O. No. 2168 of 2009 (O&M)                                     -2-

                                     ***

the time of death. As such, the Tribunal was not unjustified while
awarding the compensation to the tune of Rs.3,54,000/- after assessing the
income as Rs.3000/- per month.

No grounds to interfere.

Dismissed.

July 30, 2009                                         (A.N. Jindal)
deepak                                                      Judge