In the High Court of Punjab and Haryana at Chandigarh
FAO No. 1021 of 1991
Date of decision: July 29, 2009
Shanti Devi and others
.. Appellants
Vs.
Surender Kumar and others
.. Respondents
Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. J.S. Yadav, Advocate for the appellants.
Mr. Vinod Gupta, Advocate for the respondent No.3.
Mr. Harsh Aggarwal, Advocate for the respondent No.5.
A.N. Jindal, J
This is an appeal against the award dated 24.1.1991 passed by
the Motor Accident Claims Tribunal, Rewari, whereby, on the death of
Rajinder aged about 24 years, the claimants-appellants No.1 and 2 were
granted compensation to the tune of Rs.20,000/-. Aggrieved by the said
award, the claimants have preferred this appeal for enhancement. The
respondents have neither challenged the negligence on the part of the driver
nor the liability of the insurance company. The only grievance raised by the
appellants is that even if the income of the deceased is taken as Rs.800/- per
month, then as he being unmarried son, his dependency could be deducted
at the most to the extent of ½ share. Thus, taking his net dependency as
Rs.400/- per month, his annual income comes to Rs.4800/-, applying the
multiplier of 11 (as applied by the Tribunal), the compensation payable to
the claimant No.1 and 2 comes to Rs.52800/-. As such, the claimants would
be entitled to compensation to the tune of Rs.52800/- along with interest @
9% per annum from the date of filing of the petition till actual realization.
Some reduction in the interest is made due to reduction in Reserve Bank of
India rates.
July 29, 2009 (A.N. Jindal) deepak Judge