MANJU Vs. JAGBIR

JUDGEMENT

(1.) THESE two separate appeals i.e. one filed by claimants and other filed by Reliance General Insurance Company. Claimants - appellants had taken the plea that the Tribunal has not awarded just compensation in this case, whereas appellant -Insurance Company taken the plea that the Tribunal has awarded the compensation on higher side, taking the income of deceased Satpal to be Rs. 6,000/ - per month, whereas he was working as driver only.

(2.) TAKING the case from undisputed facts, Satpal (since deceased) died in motor vehicle accident, which took place on the night of 2/3.09.2009 and Satpal was driving a canter bearing registration No.HR -66 -3995 in carrying six buffaloes. Tinku was working as a conductor and the said canter met with an accident, which resulted into death of Satpal. The matter was reported to the police. Respondents contested the claim petition and the Tribunal awarded compensation of Rs. 9,38,000/ - on account of death of Satpal and a sum of Rs. 1,64,564 on account of injuries caused to Tinku. However, Tinku has not preferred any appeal against the awarded amount.

(3.) AT the time of arguments, Mr. A.K. Jindal, Advocate, learned counsel for the appellants took the plea that the Tribunal has not awarded just compensation because there were six claimants in the claim petition representing Satpal, including widow of Satpal, minor children and parents. But the Tribunal deducted 1/4 th on account of his self dependency, whereas it should have been 1/6th . Enhancement has also been sought on the ground that no amount was awarded on account of future prospects of earnings though Satpal died at the age of 26 years. A sum of Rs. 5,000/ - has been awarded on account of funeral expenses and another sum of Rs. 5,000/ - on account of loss of Estate and Rs. 10,000/ - on account of loss of consortium though one of the claimant is widow. So, the amount of compensation be enhanced suitably.