SUNITA Vs. VINOD SINGH

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal mounts a challenge to the Final Judgment and Order dtd. 24/5/2018 in FAO No.3026/2016 (O&M) (hereinafter referred to as the 'Impugned Order') passed by a learned Single Bench of the High Court of Punjab & Haryana at Chandigarh (hereinafter referred to as the 'High Court'), whereby the appeal filed by the appellants was partly allowed and the compensation awarded by the learned Motor Accident Claims Tribunal, Bhiwani (hereinafter referred to as the 'MACT') was enhanced from Rs.4,31,680.00 (Rupees Four Lakhs Thirty-One Thousand Six Hundred Eighty) to Rs.5,96,761.00 (Rupees Five Lakhs Ninety-Six Thousand Seven Hundred Sixty One) and interest was enhanced from 7% per annum to 7.5% per annum. After the matter traversed to this Court, it was referred to the Special Lok Adalat held in this Court on 31/7/2024, but the parties concerned could not reach an agreement.

(3.) Briefly stated, the case set up by the appellants is that on 7/2/2003 at around 07:00 a.m., Smt. Tarawati, was going on foot to the bus stand of Village Sanjarwas Phogat, when the offending truck bearing Registration No.HR-46A-1118 being driven by the respondent no.1 came in a rash and negligent manner and crushed her to death. It was averred that the deceased was aged about 45 years at the time of her death and was earning a monthly income of Rs.10,000.00 (Rupees Ten Thousand), inclusive of income from agriculture and family pension. The appellants filed a claim petition bearing MVA Petition No.30 of 2003 claiming a total of Rs.15,00,000.00 (Rupees Fifteen Lakhs). The MACT vide Award/Order dtd. 31/8/2015 awarded a compensation of Rs.4,31,680.00 (Rupees Four Lakhs Thirty-One Thousand Six Hundred Eighty) along with interest at the rate of 7% per annum in the following manner: <IMG>JUDGEMENT_49_LAWS(SC)3_2025_1.jpg</IMG>