AJMER SINGH PANNU Vs. INDERJIT KAUR

JUDGEMENT

(1.) By this common order this Court proposes to dispose of two appeals which have been filed seeking to assail the award dated 01.11.2011 passed by the MACT, Ambala whereby the appellant (Owner) in FAO-1871-2012 has been directed to pay the compensation to the respondents, and the claimants in FAO-3650-2016 seek enhancement of the compensation so awarded.

(2.) Briefly the facts of the case are that on 8.11.2008, Bir Singh (since deceased), on his bicycle was on way to Ambala Cantt. from village Tepla. At about 2.00 p.m., when he reached opposite Maruti showroom on Ambala-Jagadhari Road, a Santro car bearing registration No. HR-99-BT (T)-5869, which was driven in a rash and negligent manner hit his bicycle. Due to the impact, the deceased-Bir Singh fell down and received serious injuries. He was immediately taken to Civil Hospital, Ambala Cantt., from where he was shifted to PGI, Chandigarh, where he succumbed to injuries on 12.11.2008, on which, an FIR under Section 279 and 337 of the IPC was registered against respondent No.1 at Police Station Industrial Area, Saha, District Ambala. The claimants-respondents No.1 to 3 herein filed a claim of Rs. 30,00,000/- before MACT, Ambala claiming the deceased - Bir Singh was 50 years of age and was working with Indian Bank and earning Rs. 19,000/- per month. The claim petition was contested by the appellant and others by filing separate written statements.

(3.) After taking into consideration the evidence led by the parties, the Tribunal while awarding the compensation, assessed the income of the deceased as Rs. 13,715/- and after deduction of 1/3rd amount, the annual dependency of the claimants upon the deceased was assessed to be Rs.1,09,228/-. The Tribunal after applying multiplier of '9' awarded compensation to the tune of Rs. 9,87,552/- and also allowed Rs. 10,000/- each to the claimants for performance of last rites of the deceased as well as loss of estate. The total sum awarded was Rs. 10,07,552/-, out of Rs. 8,50,000/- was allowed to Smt. Inderjit Kaur, respondent No.1 herein and the remaining amount to the other claimants in equal shares along with interest @9% per annum from the date of filing of the claim petition up to the date of actual realization. The Tribunal further decided that the aforesaid compensation shall be paid by the appellant-Ajmer Singh, as the driver of the vehicle without a valid driving licence, at the time of the accident, and absolved the insurance company from paying the compensation.