Lila Devi And Others vs Ranjit Singh And Others on 21 July, 2009

In the High Court of Punjab and Haryana at Chandigarh


F.A.O. No. 1772 of 1997 (O&M)

Date of decision: July 21, 2009

Lila Devi and others
                                                        .. Appellants

                   Vs.

Ranjit Singh and others
                                                        .. Respondents

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

Present:    Mr. Ashish Aggarwal, Advocate for the appellants.
            Mr. Rajiv Kwatra, Sr. DAG, Haryana.

A.N. Jindal, J
            Motor Accident Claims Tribunal, Karnal, vide its award dated
22.4.1997, awarded a sum of Rs.3,45,600/- to the claimants on account of
the death of Rulda Ram aged 35 years.
            This appeal was referred to the Lok Adalat, where the Lok
Adalat, after examining the facts that the deceased was 35 years old and has
left behind his widow, three minor children and parents, proposed to deduct
2/11th share of the earning of the deceased which he could spend for his
personal expenses, while assessing net dependency at Rs.2050/- and
applying the multiplier of 16, calculated the compensation to the tune of
Rs.3,93,600/-. While further awarding a sum of Rs.10,000/- on account of
funeral as well as loss of consortium, they proposed to pay compensation to
the tune of Rs.4,03,600/- to the claimants along with interest @ 12% per
annum from the date of filing of the petition.
            Mr. Rajiv Kwatra, Sr. DAG, Haryana, has urged that the
compensation proposed by the Lok Adalat is on the higher side.
            While examining the age and occupation of the deceased,
number of dependents upon him and also that on account of death of Rulda
Ram, life of the appellants have rendered miserable and they have no other
source of income except to depend upon the earning of Rulda Ram, besides
three minor children and widow, Rulda Singh had to support his old parents,
I am of the view that the objections as set out by the learned State counsel
are not tenable. The amount of compensation proposed by the Lok Adalat
 F.A.O. No. 1772 of 1997                                         -2-

                                     ***

and the proposal order passed by the Lok Adalat are affirmed. However,
some reduction could be made towards interest being on the higher side.

As such, while partly accepting the appeal, it is ordered that the
claimants would be entitled to compensation to the tune of Rs.4,03,600/-
along with interest @ 9% per annum from the date of institution of the
petition till realization of the award amount.

July 21, 2009                                             (A.N. Jindal)
deepak                                                          Judge