✦ Punjab & Haryana High Court · 04 May 2012

Urmila Devi v. Sanjeev Kumar & Ors.

FAO No. 4653 of 2011JITENDRA CHAUHAN

Case at a glance

Decided
04 May 2012
Bench
JITENDRA CHAUHAN

Outcome

Partly allowed

In view of the above, the present appeal is partly allowed and

Judgment

CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Sandeep Goyal, Advocate for the appellant Mr.Rajbir Singh, Advocate for respondent No.3-Insurance Company **** Jitendra Chauhan, J. (Oral) The present appeal has been filed by the claimant-appellant, seeking enhancement of the compensation amount awarded by the learned Motor Accident Claims Tribunal, Kaithal, (for short 'the Tribunal') vide award dated 18.1.2011, on account of death of Arnav, in a road accident on

7.3.2010. Learned counsel for the appellant has contended that deceased Arnav was 9 month old at the time of accident. He was the grand son of the appellant. The learned Tribunal determined the compensation in lump sum of Rs.50,000/- towards loss of love and affection only, which is inadequate. On the other hand, the learned counsel appearing for the respondent-Insurance Company has contended that just and adequate compensation has been awarded. He prays for dismissal of the appeal. I have heard the learned counsel for the parties and perused the FAO No.4653 of 2011 2 record. From the perusal of the record, death of Arnav is not disputed. He was the grand son of the appellant. He was 9 months old at the time of accident. The appellant has certainly been deprived of the loss of love and affection. Therefore, keeping in view the peculiar facts and circumstances, this Court feels that the amount granted by the learned Tribunal deserves to be enhanced from Rs.30,000/- to Rs. 1 lac, to meet the ends of justice. Ordered accordingly. The enhanced compensation amount i.e. Rs.70,000/- shall be paid to the claimant-appellant, in the manner indicated in the impugned Award, within 45 days from the date of the receipt of the certified copy of the judgment, failing which, the appellant shall be entitled to get interest @

Operative part

7.5% per annum from the date of the filing of the appeal till its realisation. In view of the above, the present appeal is partly allowed and the impugned Award is modified to the above extent.

4.5.2012 (JITENDRA CHAUHAN) JUDGE

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: In view of the above, the present appeal is partly allowed and

Which court decided this case, and when?

Punjab & Haryana High Court, on 04 May 2012. The bench was JITENDRA CHAUHAN.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Punjab & Haryana High Court or eCourts case status (search case no. FAO No. 4653 of 2011). ← Search more judgments