KARAMJIT KAUR Vs. HARBHAJAN SINGH

JUDGEMENT

(1.) THE present appeal has been filed by the claimant appellants, seeking enhancement of the amount of compensation awarded by the learned Motor Accident Claims Tribunal, Sri Muktsar Sahib, ('the Tribunal', for brevity) vide award dated 01.02.2011, on account of the death of Raj Singh, in a motor vehicular accident, which took place on 02.04.2010. The learned counsel for the appellants submits that amount of compensation awarded by the learned Tribunal under the heads - loss of consortium, loss of estate and funeral expenses is inadequate. He further submits that the learned Tribunal has not awarded any compensation towards lost of care and guidance for minors.

(2.) ON the other hand, the learned counsel for the respondent -Insurance Company has vehemently argued that the amount of compensation awarded by the learned Tribunal is just and appropriate and no interference therein is called for.

(3.) THERE is no dispute with regard to the fact that Raj Singh, since deceased, lost his life in a road accident which took place on 02.04.2010. He was 37 years of age and left behind five dependants, which includes wife, widowed mother and three minor children. The learned Tribunal has awarded an amount of Rupees ten thousand towards 'loss of consortium', and Rupees five thousand on account of 'funeral expenses', which is on the lower side. In view of the decision rendered by Hon'ble the Apex Court in Rajesh and others v. Rajbir Singh and others, : (2014 -1) 173 PLR 779 (SC), the amount of compensation awarded under the abovestated two heads is enhanced to Rupees one lac and Rupees twenty five thousand, respectively.