MANJIT KAUR Vs. RANI ALIAS JASPAL KAUR

JUDGEMENT

(1.) THE Motor Accident Claims Tribunal, Chandigarh (Tribunal for short) had awarded the sum of Rs.2,88,000/ - to the claimants for the death of Tarlochan Singh, who had met an accident on 11.11.1989. The appellants filed the appeal for enhancement.

(2.) COUNSEL for the appellants submitted certain proposal to counsel for the Insurance Company, who agreed that deduction for personal living expenses of the deceased was required to be made to the extent of 1/4th and not to 1/3rd made by the Tribunal and also the amount deducted towards provident fund was to be included. So far as the future prospects are concerned, there was some opposition to the request. Under the conventional heads, the parties submitted that the court may award anything deemed fit.

(3.) THE Tribunal very cryptically assessed the compensation under issue No.2 without mentioning anything as to why nothing was being granted towards funeral expenses and for loss of consortium to the widow. Since the other heads were not considered, the appellants are entitled to be compensated under the heads mentioned above.