SHIV KUMAR Vs. GAINDA LAL

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dtd. 7/3/2019 passed by the High Court of Punjab and Haryana at Chandigarh in First Appeal No. 854 of 2014, the original claimants have preferred the present appeal to enhance the amount of compensation.

(2.) That the wife of the appellant no.1 died in a vehicular accident. At the relevant time, the deceased was aged 25 years and was a housewife. The Motor Accident Claim Tribunal awarded Rs.19,12,200.00 with the interest at the rate of 7.5% towards the compensation under different heads. The Learned Tribunal awarded the loss of dependency at Rs.3,24,000.00 considering the income of the deceased at Rs.1,500.00 per month. As at the relevant time the deceased was pregnant, the learned Tribunal also awarded Rs.50,000.00 for foetus. Learned Tribunal awarded Rs.19,12,200.00 under different heads:

(3.) Learned counsel appearing on behalf of the appellants -original claimants has vehemently submitted that the High Court has committed a serious error in awarding the loss of dependency considering the income of the deceased at Rs.6,000.00 per month only. It is submitted that even the minimum wages payable to the skilled worker was much more than Rs.6,000.00 per month. It is submitted that even otherwise while awarding the loss of dependency, future prospect has not been taken into consideration at all.