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2014 DIGILAW 529 (PNJ)

Baljit Kaur v. Lavleen Kaur

2014-03-12

JITENDRA CHAUHAN

body2014
JUDGMENT Jitendra Chauhan, J. 1. The present appeal has been filed by the claimant-appellants, seeking enhancement of the compensation awarded by the learned Motor Accident Claims Tribunal, Jalandhar (for short 'the Tribunal'), vide award dated 7.9.1994, on account of death of Darbara Singh, in a motor vehicular accident. Learned counsel for the appellants submits that the deceased was the owner of a truck and was earning more than Rs.10,000/- per month, however, the learned Tribunal assessed his income at Rs.2000/- per month, which is on the lower side. The deceased left behind widow and minor son at the time of his death. He further submits that no amount has been awarded towards loss of consortium; and loss of love, care and guidance to the child. 2. On the other hand, the learned counsel for the respondents contend that just and appropriate compensation has been awarded by the learned Tribunal. Therefore, the present appeal deserves to be dismissed. 3. I have heard the learned counsel for the parties and perused the record carefully. 4. The death of Darbara Singh is not disputed on account of the injuries suffered by him in a road accident. There being no proof of income, the learned Tribunal has rightly assessed his income at Rs.2000/- per month after deducting his personal expenses. Untimely death of the deceased was a great shock to his family. He left behind widow and minor son at the time of his death. Keeping in view the judgment rendered by the Hon'ble Supreme Court in Vimal Kanwar and others v. Kishore Dan and others, 2013 (2) R.C.R. (Civil) 945: 2013(3) Recent Apex Judgments (R.A.J.) 446 : (2013-3) PLR 776, this Court grants a sum of Rs. two lacs (one lac to the loss of consortium payable to the widow and one lac to the children towards loss of love, care and guidance), which would meet the ends of justice. 5. Accordingly, the enhanced compensation shall be paid to the claimant-appellants within a period of 45 days from the date of the receipt of the certified copy of the judgment, failing which, the appellants shall be entitled to get interest @ 7.5% per annum from the date of the filing of the appeal till its realisation. In view of the above, the present appeal is partly allowed and the impugned Award is modified to the above extent. Appeal allowed.