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2014 DIGILAW 797 (PNJ)

Ashvinder Kumar v. Devinderjit Singh

2014-05-07

JITENDRA CHAUHAN

body2014
JUDGMENT Mr. Jitendra Chauhan, J.:- The present appeal has been filed by the -appellant, Ashwinder Kumar seeking enhancement of the compensation awarded by the learned Motor Accident Claims Tribunal, Panipat (for short ‘the Tribunal’), vide award dated 31.8.2002, on account of death of his son Hanish, aged 19 years, in a motor vehicular accident., which took place on 8.4.1994. 2. Learned counsel for the appellants contends that the deceased Hanish was 19 years old at the time of accident. He was doing U.T.I business and used to earn Rs. 3000/- per month. The learned Tribunal awarded an sum amount of Rs.1,44,,000/, which is highly inadequate. 3. On the other hand, the learned counsel for the Insurance company submits that the compensation awarded by the learned Tribunal is just and adequate. 4. I have heard the learned counsel for the parties and perused the record carefully. 5. It is not disputed that the death of Hanish, son of the appellant, occurred due to the injuries suffered by him in a road accident. He was 19 years old and was doing U.T.I business. PW7 Ashwinder Kumar, father of the deceased stepped into the witness box and deposed that his son was doing U.T.I business and was earning Rs. 3,000/- p.m. The deceased was young boy of 19 years at the time of accident. Had he been alive, he would have earned much more and would have made life of his parents comfortable. The income assessed by the Ld. Tribunal i.e. Rs. 1200/- per month and multiplier of 10, are on the lower side. In Kishan Gopal and another vs. Lala and others, [2013(5) Law Herald (SC) 4346] : 2013 (4) RCR (Civil) 276 the deceased was a young boy of 10 years. The Hon’ble Supreme Court by taking the notional income of the child at Rs.30,000/- per annum and applying the multiplier of 15, according to the age of the parents of the deceased, awarded a sum of Rs.4,50000/- plus Rs.50,000/- under conventional heads. Keeping in view the same, in the present case, this Court feels that the ends of justice would be met, if the compensation awarded is enhanced from Rs.1,00,000 to Rs. 5,00,000/- 6. Ordered accordingly. 7. Keeping in view the same, in the present case, this Court feels that the ends of justice would be met, if the compensation awarded is enhanced from Rs.1,00,000 to Rs. 5,00,000/- 6. Ordered accordingly. 7. Accordingly, the enhanced compensation amount i.e. Rs.3,56,000/- shall be paid to the appellant, in the manner indicated in the impugned award, within 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. Amount already paid, if any, be deducted. 8. In view of the above, the present appeal is partly allowed and the impugned Award is modified to the above extent. ---------0.B.S.0------------