SUKHWINDERJIT KAUR Vs. JASWINDER SINGH

JUDGEMENT

(1.) Claimants have filed present appeal for modification of the award dtd. 3/9/2019, passed by the Motor Accident Claims Tribunal, Shaheed Bhagat Singh Nagar, in MAC Petition No. 16 of 2019 (dtd. 26/4/2019), titled as 'Sukhwinderjit Kaur and others v. Jaswinder Singh and others'. In paragraph No. 17 of the award, learned Tribunal has held that out of awarded amount of compensation, amount of Rs.28,000.00 received every month as 'family pension', is liable to be deducted under the head of 'loss of dependency of the claimants'.

(2.) Facts in brief are that during the intervening night of 15/16/2/2019, in a motor vehicular accident, one Shamsherpal Singh son of Arjan Singh expired and learned Tribunal held that respondents, i.e. owner, driver and insurance company of the offending car bearing Registration No. PB-32-M-8267, are jointly and severally liable to pay the amount of compensation awarded by it, within a period of three months from the date of passing of the award. It has further been directed that the claimants shall also be entitled to interest @ 7.5% per annum on the awarded sum from the date of filing of the claim petition till the realisation of the whole compensation amount.

(3.) Relying upon the statement of Sukhwinder Singh, (CW-3), Clerk, posted in the office of the Block Primary Education Office, Shri Hargobindpur, Tehsil Batla, District Gurdaspur, learned Tribunal held that deceased Shamsherpal Singh was working as Head Teacher in Government Primary School, Momanwal. The said witness proved the salary statement of deceased Shamsherpal Singh for month of January, 2019 as Ex.C-7, which depicts as under:- <FRM>JUDGEMENT_75_LAWS(P&H)12_2023_1.html</FRM> &nbsp; <FRM>JUDGEMENT_75_LAWS(P&H)12_2023_2.html</FRM>