PARDEEP Vs. DHARAMBIR AND ORS.

JUDGEMENT

(1.) Present appeal has been preferred against the inadequacy of amount granted vide award passed by the Motor Accident Claims Tribunal (Fast Track Court), Rohtak, dated 05.04.2012, wherein an amount of Rs. 50,000/-, as provided under Section 140 of the Motor Vehicles Act (for short, "the Act") alongwith interest @ 7.5% per annum from the date of filing of the petition till realization, has been granted. It is the contention of counsel for the appellant that father of the claimant, deceased Ram Chander, was pillion riding on a scooter alongwith his son-in-law, Bijender son of Suraj Bhan. They were going from Rohtak to Village Makrouli Khurd. At around 9.30 A.M., when they reached about 50 yards ahead from Chhikara Petrol Pump, Rohtak, a bus bearing registration No. HR-61-4443 driven by Dharambir in a rash and negligent manner at high speed came from behind and struck the scooter. Due to the impact of the accident, both the scooterists fell down on the road and sustained multiple injuries. Deceased Ram Chander was crushed under the wheel of the bus and died on the spot. Claimant-appellant Pardeep, who is son of deceased, Ram Chander, filed a claim petition for grant of compensation amounting to Rs. 15 lacs. It is admitted that the claimant was not dependent upon Ram Chander, although he was earning pension of about Rs. 16,000/- per month. Since the appellant was not dependent upon the deceased, an amount of Rs. 50,000/- was granted being the statutory compensation as provided under Section 140 of the Act.

(2.) It is the contention of counsel for the appellant that the appellant was atleast entitled to compensation on account of loss of love and affection because of sudden demise of his father. He further contends that neither any amount has been awarded under the head funeral expenses nor for transportation. Prayer has, thus, been made for grant of compensation under these heads.

(3.) On the other hand, counsel for the Insurance Company has vehemently contended that the statutory benefit of compensation under Section 140 of the Act includes all those claims and, therefore, no further benefit should be granted to the appellant. In support of this contention, he has placed reliance upon judgment of Supreme Court reported as Smt. Manjuri Bern v. The Oriental Insurance Company Ltd. and another, 2007 2 RCR(Civ) 675 to contend that except for the statutory compensation, no other claim is to be granted to the appellant.