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2016 DIGILAW 543 (PNJ)

Gurvinder Kaur v. Mohan Lal

2016-02-10

DARSHAN SINGH

body2016
JUDGMENT : DARSHAN SINGH, J. 1. This application has been filed by the appellants for restoration of the appeal, which was dismissed in default vide order dated 15.1.2016. Mr. Rajbir Singh, Advocate has accepted the notice of the application on behalf of respondent No. 3 Insurance Company and stated that he has no objection in restoration of the appeal. So, the present application is hereby allowed. The appeal stands restored to its original number. 2. The present appeal has been preferred by appellants Gurvinder Kaur and others against the award dated 2.11.2013 passed by learned Motor Accidents Claims Tribunal, Sirsa (hereinafter called the Tribunal) vide which the claimants have been awarded the compensation to the tune of Rs. 13,70,000/- along with interest @ 7.5% per annum from the date of filing the present petition till realisation on account of death of Malkeet Singh in the motor vehicular accident, which took place on 12.12.2012. 3. The present appeal has only been preferred for enhancement of the amount of compensation. 4. Learned counsel for the appellants contended that appellant Gurvinder Kaur the mother of the deceased has not been awarded just compensation on account of loss of love and affection. The learned Tribunal has awarded only Rs. 10,000/- towards loss of love and affection and Rs. 10,000/- towards funeral expenses. He contended that very less amount has been awarded under these conventional heads. 5. Learned counsel for the respondent-Insurance Company cannot repell the contentions raised by learned counsel for the appellants. 6. Appellant No. 1 Gurvinder Kaur is the mother of deceased Malkeet Singh. The learned Tribunal has awarded only Rs. 10,000/- towards loss of love and affection. The appellant is entitled to Rs. 50,000/- towards loss of love and affection of her son. So, the amount of compensation for loss of love and affection is enhanced from Rs. 10,000/- to Rs. 50,000/. The Tribunal has awarded only Rs. 10,000/- towards funeral expenses and transportation etc. which is also enhanced to Rs. 25,000/-. So, there will be net increase of Rs. 55,000/- in the amount of compensation awarded by the learned Tribunal. So, the total amount of compensation is enhanced from Rs. 13,70,000/- as awarded by the learned Tribunal to Rs. 14,25,000/-. 7. Thus, keeping in view my aforesaid discussion, the present appeal is hereby partly allowed. The amount of compensation is enhanced by Rs. 55,000/- in the amount of compensation awarded by the learned Tribunal. So, the total amount of compensation is enhanced from Rs. 13,70,000/- as awarded by the learned Tribunal to Rs. 14,25,000/-. 7. Thus, keeping in view my aforesaid discussion, the present appeal is hereby partly allowed. The amount of compensation is enhanced by Rs. 55,000/- raising the total amount of compensation/award to Rs. 14,25,000/- instead of Rs. 13,70,000/- as awarded by the learned Tribunal. The claimants shall be entitled to interest on the enhanced amount from the date of filing the petition till realization @ 7.5% per annum, the rate of interest as awarded by the learned Tribunal. The liability to pay the enhanced amount shall remain as determined by the learned Tribunal in the main award.