SUKHWINDER KAUR Vs. AMIR SINGH

JUDGEMENT

(1.) THE question involved being short one, the appeal is being disposed of at the stage of motion hearing.

(2.) THE appellants-claimants by way of filing a petition under Section 166 of the Motor Vehicles Act, claimed a sum of Rs. 8 lacs by way of compensation for the death of Randhir Singh, husband of appellant No. 1 and father of appellant No. 2. The appellants have been granted compensation in the sum of Rs. 1,50,000/ -. The finding of negligence has become final and even otherwise the same is borne out from the evidence brought on the record of the case. The only question which remains to be decided is whether the Tribunal has granted reasonable and just compensation and if not whether the same deserves to be enhanced or not? After reading the findings recorded by the Tribunal and after hearing the learned counsel for the parties, we are of the view that the compensation amount needs enhancement of Rs. 66,000/ -.

(3.) AS a consequence of the discussion above, we hereby determine the compensation amount to the tune of Rs. 2,16,000/ -. All the respondents are jointly and severally liable to pay the aforesaid amount. The claimants would also be entitled to interest at the rate of 12 p. a. from the date of filing the petition till realisation on the aforesaid amount. Appellant Nos. 1 and 2 would be entitled to share the amount of compensation in the ratio of 50-50. The share of appellant No. 2 would be deposited in the fixed deposit in a nationalised bank which she would be entitled to get on attaining majority. The appellants would also have the costs of the appeal which we quantify at Rs. 2000/ -. .