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2001 DIGILAW 1019 (PNJ)

Gurmail Singh v. Pepsu Road Transport Corporation

2001-09-17

MEHTAB S.GILL

body2001
Judgment M. S. Gill, J. 1. C. M. No.7969-CII of 2001 is allowed. Delay of 33 days in filing the objections is condoned. C. M. No.7970-CII of 2001 and F. A. O. No.1702 of 1996: heard. 2. As there were chances of settlement, so the case was sent to the Permanent Lok adalat of this court for disposal. The Lok adalat has given its award on 11.1.2001. The parties were permitted to file the objections to the proposed award within a period of two months for disposal of this f. A. O. on merits. 3. Gulzar Singh and Nihal Kaur died in the motor accident. The Motor Accidents Claims Tribunal, Patiala, awarded rs.50,000 as compensation on account of the death of Nihal Kaur and declined compensation on account of the death of gulzar Singh and only a sum of Rs.2,000 was allowed as funeral expenses of the deceased. 4. The dependency of Gulzar Singh has been calculated at Rs.1,400. The annual dependency being Rs.16,800 and his age being 45 years by applying multiplier of 15, the compensation awarded by the Lok adalat was Rs.2,52,000. The amount of compensation was ordered to be shared equally by the two brothers of the deceased, viz. , Gurmail Singh and Didar Singh. 5. Being aggrieved by the amount of compensation awarded by the Lok Adalat, respondent Nos.1 and 2 have filed the objections. The first objection is that the respondent Corporation is financially sick. The second objection is that the brothers of the deceased are not dependants and are not entitled to any compensation. 6. Learned counsel for the appellants has drawn my attention to the judgments of the Hon ble Supreme Court reported as gujarat State Road Transport Corpn. V/s. Ramanbhai Prabhatbhai, 1987 ACJ 561 (SC) and Oriental Insurance Co. Ltd. V/s. Naresh Chandra Agrawal, 2000 ACJ 931 (Allahabad), wherein it has been held that the claim application can be made by the brothers and sisters where the parents of the deceased are not alive. It has been held by the Supreme Court that brothers and sisters are legal representatives and can come forward and claim compensation. Thus, as per the judgments of the Hon ble supreme Court, the appellants-claimants are entitled to receive the amount of compensation as parents of the deceased are not alive. 7. It has been held by the Supreme Court that brothers and sisters are legal representatives and can come forward and claim compensation. Thus, as per the judgments of the Hon ble supreme Court, the appellants-claimants are entitled to receive the amount of compensation as parents of the deceased are not alive. 7. The total amount of compensation amounting to Rs.2,50,000 with 12 per cent interest thereon from the date of filing of the claim petition is fair and equitable amount. I do not find any merit in the objection petition filed by the respondent corporation and Civil Misc. No.7970-CII of 2001, is accordingly dismissed. 8. With the above observation, F. A. O. is allowed and is disposed of in terms of the award dated 11.1.2001 proposed by the lok Adalat. Appeal allowed.