GAGANDEEP KAUR Vs. ASHOK KUMAR

JUDGEMENT

(1.) THIS appeal has been filed by the claimant for the enhancement of compensation and to modify the award dated 07.05.2005 whereby three claim petitions were decided on account of death of her parents, Surinder Singh (aged 48 years) and Kawaljit Kaur (aged 45 years) and on account of injuries suffered by the appellant herself in a motor vehicle accident. In the case of the deceased -father, the Tribunal while taking the annual income of Rs.1,17,945/ - p.a. assessed the dependency at Rs.23,589/ - p.a. while applying the unit formula and applied the multiplier of 11. The Tribunal further awarded Rs.2000/ - for funeral expenses and awarded total compensation of Rs.2,62,000/ -.

(2.) IN the case of the deceased -mother, the Tribunal while taking the annual income of Rs.3000/ - p.m. assessed the dependency at Rs.600/ - p.m. while applying the unit formula and applied the multiplier of 11. The Tribunal further awarded Rs.2000/ - for funeral expenses and awarded total compensation of Rs.81,200/ -.

(3.) IN the case of the appellant -claimant herself, the Tribunal awarded total compensation of Rs.75,000/ - i.e. Rs.45,000/ - for medical expenses, Rs.10,000/ - for pain and suffering and Rs.20,000/ - for future prospects. At the very outset, learned counsel for the respondent No.3 - insurance company has argued that for three claim petitions one consolidated appeal cannot be filed and has placed reliance on Order 41 Rule 1 C.P.C. and has further placed reliance on the judgment of Jammu and Kashmir High Court titled as Union of India v. Arjana Kumari, 2010 ACJ 621. Order 41 Rule 1 C.P.C. is to the following effect: -