LAWS(P&H)-2015-5-493

POONAM AND ORS. Vs. RAJINDER PARSHAD AND ORS.

Decided On May 27, 2015
Poonam And Ors. Appellant
V/S
Rajinder Parshad And Ors. Respondents

JUDGEMENT

(1.) THIS appeal seeks enhancement of compensation awarded to the appellant by the learned Motor Accidents Claims Tribunal, Gurgaon, vide Award dated 07.06.2004, on account of the death of Sh. Prem Shankar Shastri in a road accident found to have been caused on account of the negligent driving of respondent No. 1, who was driving an Ambassador car that hit the motor -cycle on which the deceased and appellant No. 1 were riding, on the date of accident.

(2.) THE appellants are the widow and 2 minor sons of the deceased. The basic facts as taken from the award of the learned Motor Accidents Claims Tribunal, Gurgaon, are detailed hereinafter: -

(3.) LEARNED counsel appearing for the respondent -Insurance Company, however, submitted that the Tribunal had awarded more than adequate compensation and nothing further, whatsoever, needs to be enhanced under any head whatsoever. He, however, could not deny the position of law, as settled in the judgments cited by learned counsel for the appellants, even while insisting that the amount which would be arrived at, by taking future prospects of income and under other heads in to account, would be highly excessive.