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2009 DIGILAW 1144 (PNJ)

Mandip Kaur v. Karamjit Singh

2009-07-14

H.S.BHALLA

body2009
Judgment H.S.Bhalla, J. 1. Learned counsel appearing for the appellants at the very outset has contended that inadequate compensation has been awarded by the tribunal while passing its award dated 19.11.2008 which is liable to be enhanced on account of the death of Gulshan Kumar, aged 11 years in a motor vehicular accident. For the facility of reference, it would be appropriate to reproduce the operative part of award dated 19.11.2008 passed by the tribunal, which runs as under :- "As a sequel to my above discussion, present petition is accepted with costs. A sum of Rs. 1,50,000/- is awarded as compensation on account of death of Gulshan Kumar, which shall be shared by petitioners No. 1 and 2 equally and shall be payable by respondent Nos. 1 to 3 being driver, owner and insurer of the offending vehicle jointly and severally along with interest at the rate of 9% per annum from the date of filing of petition its realization. On realization, 50% amount each shall be paid in cash to petitioners No. 1 and 2 to tide over the financial crisis and in view of the law laid down by Honble Supreme Court of India in case Suraj Bhan v. Sat Pal Singh and others, 1997(3) (sic) PLR remaining amount of their share together with interest shall be deposited in their respective names in fixed deposit schemes of any nationalized bank fetching maximum interest for a period of three years." In order to avoid repetition, the other facts are not required to be reproduced herein since they have been recapitulated in detail in award dated 19.11.2008 passed by the tribunal. 2 Having heard learned counsel for the parties and going through the submissions made by the learned counsel for the parties, the ends of justice would be amply met, if the amount of compensation of 1,50,000/- awarded by the tribunal is increased in lump-sum on the basis of oral as well as documentary evidence led by the parties in support of their respective contentions. I have gone through the law quoted by the tribunal laid down in the case of Manju Devi and another v. Masafir Paswan and another, 2005 ACJ 99, wherein death of a boy of 13 years of age had taken place in road side accident and their Lordships of Honble the Supreme Court enhanced the amount of compensation to Rs. I have gone through the law quoted by the tribunal laid down in the case of Manju Devi and another v. Masafir Paswan and another, 2005 ACJ 99, wherein death of a boy of 13 years of age had taken place in road side accident and their Lordships of Honble the Supreme Court enhanced the amount of compensation to Rs. 2,25,000/- by assessing notional income for a non-earning person and also adopting a multiplier of 15. In view of the submissions and law point discussed above, appeal is partly allowed. Award dated 19.11.2008 passed by the tribunal is modified to the extent that the amount of compensation of Rs. 1,50,000/- awarded by the tribunal is enhanced to Rs. 2,25,000/- and claimants shall now receive the enhanced amount of compensation of Rs. 75,000/- keeping in view all the future prospects of the deceased child whose life was cut short in a motor vehicular accident. 3. Since the vehicle in question has been held to be insured with the Insurance Company by the tribunal, the present appeal is disposed of with a direction to the respondent-Insurance Company to pay enhanced amount of compensation to the appellants within 45 days from the date a certified copy of this order is received. The enhanced amount shall be over and above the amount awarded by the tribunal. The appellants shall not be entitled to any interest on the enhanced amount of compensation, if it is paid within the period as specified above. If Insurance Company fails to pay the enhanced amount within the specified period, it shall carry interest at the rate awarded by the Tribunal from the date of filing of claim petition till its actual realization.