IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 3714 of 2001 Date of decision: 1st December, 2008 Kuldip Singh and others … Appellants Versus M/s Jiwan Bus Service and others … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: None for the appellant. Mr. Pardeep Bedi, Advocate along with Mr. S.P. Sharma, Dy. Manager (Legal), Oriental Insurance Company Ltd. for respondent No.3. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present claim petition has been filed by Kuldip Singh, Gursewak Singh both minor sons of Suba Singh, and Suba Singh, their father. On 12th May, 1999, at about 2.00 p.m. in the area of Wara Daraka, Jasmail Kaur, Gurmail Kaur and others were traveling in a tempo bearing No. PUU-5838 from Kotkapura to village Wander Jatana. They were being followed by Gurmail Singh on a scooter. A bus bearing registration No.PB- 30-A 9855 belonging to M/s Jiwan Bus Service hit the tempo as the bus was being driven rashly and negligently at a very high speed. The tempo turned turtle and the Jasmail Kaur died due to the injuries suffered. Motor Accident Claims Tribunal held that the accident occurred due to rash and negligent driving of the bus. AW-3 Malkiat Kaur also stated that driver of the offending bus was at fault. Surinder Singh FAO No.3714 of 2001 driver of the bus appeared as RW-1. He denied that any body has died in the accident. However, the Tribunal held that driver of the bus had caused the accident. Karam Singh appellant appeared as AW-1 and has stated that his mother was aged 50 years at the time of accident and she used to do household work and dairy farming and she also used to help him in agriculture. He stated that Jasmail Kaur was earning Rs.4000/- per month. While determining the compensation, the Tribunal held that Jasmail Kaur was house hold lady and annual dependency determined was Rs.7200/-. A compensation of Rs.86,800/- was awarded along with Rs.2000/- as funeral expenses. No body is present on behalf of the appellant. I have heard Mr.Pardeep Bedi, who is assisted by Mr.S.P. Sharma, Dy. Manager (Legal), Oriental Insurance Company Ltd. I am of the view that Rs.600/- dependency per month as determined is on very lower side, especially when Jasmail Kaur was having two minor sons at the time of her death. In the present case, it has been very fairly submitted by the counsel for the Insurance Company that over and above the amount already awarded along with interest, in case Rs.1.00 lac more is awarded in favour of the claimant that will be just. Since the Insurance Company has made an offer of depositing Rs.1.00 lac more, I feel that since the lady was 55 years of age and was a housewife, increase of Rs.1.00 lac as a lumpsum amount, over and above the amount already paid along with interest, will serve the ends of justice. Therefore, the present appeal is accepted and it is ordered that Rs.1.00 lac more shall be paid to the claimant. [KANWALJIT SINGH AHLUWALIA] JUDGE December 1, 2008 rps 2