FAO No.5496 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.M.Nos.24007-CII and 24008-CII of 2010 in FAO Nos.5496 and 5497 of 2010 (O&M) Date of decision: 22.9.2011 1.FAO NO. 5496 of 2010 Smt. Bimla Devi and Others Appellants v. Raj Singh and Others Respondents 2. FAO NO. 5497 of 2010 Smt. Rekha and Others Appellants v. Raj Singh and Others Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr. U.K.Agnihotri,Advocate for the appellants Mr.Tejinder Joshi,Advocate for the respondents .... JITENDRA CHAUHAN, J. C.M.Nos. 24007-CII and 24008-CII of 2010 For the reasons recorded in the applications, the same are allowed, subject to all just exceptions. Delay of 21 days in filing the appeals is condoned. Appeal Nos. 5496 and 5497 of 2010 These two appeals have been filed by the appellant-claimants against the common Award dated 20.3.2010 passed by the Motor Accident Claims Tribunal, Jind (for short the Tribunal). FAO No.5496 of 2010 2 Brief facts of the case are that on 27.11.2007, Rajesh and Rohtash (since deceased) co-drivers were going towards Jaipur in Truck bearing registration No. HR-56F-3374. Rajesh was on the steering. At about 5 a.m when the truck reached near Mehla Choraha, in the area of Police Station Dudhu, District Jaipur, the driver of one unknown trolla going ahead, applied emergency brakes, as a result of which the truck bearing registration No. RJ-02G-4808 (offending truck) driven by Raj Singh (respondent No.1) in a rash and negligent manner, struck against the truck of Rajesh and Rohtash. They sustained grievous injuries and were shifted to Swai Man Singh Hospital, Jaipur. During treatment, they succumbed to their injuries. FIR Ex.P1 was registered against the driver-respondent No.1 of the offending truck, on the statement of Sanjay Sharma, resident of Village Kithana, District Kaithal. MACT claim petition Nos. 25 of 2008 and 81 of 2008 titled “Smt.Bimla Devi and others” and “Smt.Rekha and others” were filed, claiming compensation on account of death of Rohtas and Rajesh respectively by their LRs/dependents, before the Ld. Tribunal, Jind. On notice, respondent Nos.1 and 2, driver and owner of the offending truck No. RJ-02G-4808 filed written statements denying the occurrence of accident. In the written statement filed by Respondent No.3, Reliance General Insurance Company (for short the 'Insurance Company') stand taken was that the offending truck was being driven in violation of the terms and conditions of the insurance policy, as Raj Singh, driver was not holding a valid and effective driving licence at the time of the alleged accident. From the pleadings of the parties, the following issues were FAO No.5496 of 2010 3 raised: 1. Whether Rohtash son of Ramphal and Rajesh son of Nafe Singh had died in a motor vehicular accident on 27.11.2007 at about 5 a.m in the area of Police Station Dudhu, District Jaipur (Rajasthan) due to the rash and negligent driving by respondent No.1, Raj Singh while driving the vehicle No. RJ- 02G-480, as alleged? OPP 2. If issue No.1 in affirmative, whether the petitioners are entitled to the amount of compensation, if so, how much amount and from whom the petitioners are entitled to recover as alleged? OPP. 3. Whether the respondent No.1 was not holding a valid and effective driving licence at the time of alleged accident? OPR 4 Relief.” After appreciation of entire evidence on record and by applying the guidelines framed in Sarla Verma (Smt.) and Others v. Delhi Transport Corporation and Another, 2009(6) SCC 121, the Ld. Tribunal accepted the claim petitions of the claimants and awarded the compensation as under:- i) Rs. 7,20,000/- to all the claimants of claim petition No. 25 of 2008 (Smt.Bimla and others) besides Rs. 10,000/- each towards loss of consortium and expenses incurred on transportation of dead body, funeral and last rites to Smt.Bimla,only. ii) Rs. 6,60,128/- to all the claimants of claim petition No. 81 of 2008 (Smt. Rekha and others) besides Rs. 10,000/- each towards loss of consortium and expenses incurred on FAO No.5496 of 2010 4 transportation of dead body, funeral and last rites to Smt.Rekha only. The Ld. Tribunal further observed that respondents No. 1 to 3 were liable jointly and severally to pay the amount of compensation to the claimants. Learned counsel for the appellants submitted that the Rohtash and Rajesh ( both deceased) were the only earners in their families and they lost their lives untimely at the young age of 32 years. The claimants are young widows and minor children of the deceased. The amounts awarded on account of loss of consortium and transportation charges etc. by the Ld. Tribunal, are inadequate keeping in view the age of the deceased Rohtash and Rajesh, the same should be enhanced. In view of the law laid down in Sarla Verma's case (supra) and keeping in view the young age of deceased Rohtash and Rajesh, this Court feels that the ends of justice would be met if a further amount of Rs. 20,000/- towards the following heads are awarded ( as under) in both the cases ( in FAO Nos. 5496 and 5497 of 2010):- Loss of estate: Rs. 10,000/- Transportation Charges: Rs. 10,000/- (for bringing the dead body from Jaipur to native village Anupgarh, District Jind). In view of the above, the Award dated 20.3.2010 is modified to that extent. The amounts of Rs. 20,000/ (each to Smt. Bimla Devi and Smt.Rekha) shall be paid within 45 days from the date of receipt of copy of this order. If the amount is not paid within the stipulated period, the same shall carry interest @ 7.5% p.a. from the date of filing the appeal till its FAO No.5496 of 2010 5 realization. These appeals stand partly allowed with the above modification. (JITENDRA CHAUHAN) 22.9.2011 JUDGE MS