FAO No.4930 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.4930 of 2010 (O&M) (in MACT No.115 of 2007) Date of decision: 23.12.2011 Smt.Saroj Devi and others ....Appellants Versus Surender Singh and others ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: None for the appellants. Mr.Ravinder Arora and Mr.Neeraj Khanna, Advocates for respondent-Insurance Company ***** Jitendra Chauhan, J.(Oral) CM Nos.21252-53- CII of 2010 Despite notice, reply has not been filed by the respondents. Keeping in view the averments made in the application, the delay of 16 days in refiling, and 11 days in filing the appeal is hereby condoned. Applications stand disposed of. FAO No.4929 of 2010 FAO No.4930 of 2010 (O&M) 2 By filing the present appeal, the claimant- appellants have sought enhancement of the amount awarded by learned Motor Accident Claims Tribunal, Bhiwani, vide awarded dated 30.10.2009, on account of death of Rajender Singh, husband of the appellant No.1, in a motor vehicular accident on 26.5.2007. The brief facts of the present case are that on 26.5.2007, Vikas, Raje Ram, Satbir and some other persons were going from Adampur Dhadi towards Narnaul in a Maxi Cab bearing registration No.HR-66 2210, being driven by the driver Bir Singh. When they were cross to Akoda Police Post, a Tata 407, bearing registration No.HR99 AE (temporary) 7079, coming from Mahendergarh side, hit the said Maxi Cab, carrying passengers namely Vikas, Satbir, Raje Ram Seema, Shashi, Rajender, Reena and Saroj. Only Reena and Saroj survived the accident, , whereas the other passengers died on the spot. They were rushed to Community Health Centre, Mahendergarh. Separate claim petitions were filed. The learned Tribunal decided all the claim petitions vide a common award dated 30.10.2009. Being dissatisfied with the said award, the claimants-appellants filed the present appeal. The Insurance Company filed FAO No.589 of 2010, challenging the Award dated 31.10.2009, pronounced in MACT case No.115 of 2007. The grounds of enhancement pleaded in the appeal are that the deceased was working as ASI in Haryana Police. As per the Salary Certificate Ex.P14, he had been drawing a salary of ` 14,740-/- per month. The deceased was 43 years of age at the time of accident. The learned FAO No.4930 of 2010 (O&M) 3 Tribunal wrongly assessed the income of the deceased at `12,001/- per month, and the dependency at `5000/- per month. The amount of `5000/- paid towards transportation and last rites, is also inadequate. No amount was awarded towards loss of future income. On the other hand, learned counsel for the respondent- Insurance Company submits that the learned Tribunal has rightly assessed the compensation amount. It has further been contended that as per latest policy of the Haryana Government, dependents of the deceased are given full pay on the basis of their age. Therefore, they are not entitled to any compensation. I have heard the learned counsel for the respondent-Insurance Company and gone through the record. The present appeal is disposed of in terms of the judgment passed in the connected FAO No.589 of 2010, titled as “Oriental Insurance Company Ltd. vs. Saroj Devi and others”, decided on 21.12.2012, arising out of the same Award, which shall be read as part of this judgment. The learned Tribunal has awarded a sum of Rs.8,45,000/-. However, in view of assessment of compensation made as per FAO No.589 of 2010, the claimants shall be entitled to Rs.8,45,300/-. Since, the enhancement is nominal, therefore, this figure is rounded of Rs.8,45,000. Accordingly, the Insurance Company shall not be liable to pay any enhanced amount to the claimants-appellants. 23.12.2011 (JITENDRA CHAUHAN) FAO No.4930 of 2010 (O&M) 4 gsv JUDGE