FAO No. 1165 of 1988 -1- In the High Court of Punjab & Haryana at Chandigarh Date of decision : 9.2.2010 1. F. A. O. No. 1165 of 1988 (O&M) Harbans Kaur ... Appellant vs The State of Punjab and others .... Respondents 2. F. A. O. No. 21 of 1989 (O&M) Manjit Kaur ... Appellant vs The State of Punjab and others .... Respondents Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Hitesh Pandit, Advocate, for the appellant in FAO No. 21 of 1989. Mr. Palvinder Singh, Senior Deputy Advocate General, Punjab. Rajesh Bindal J. This order shall dispose of aforementioned appeals as the same arise out of one accident. FAO No. 1165 of 1988 has been filed by mother whereas FAO No. 21 of 1989 by widow of the deceased. The appellants have challenged the award of compensation on account of motor vehicle accident passed by the learned Motor Accident Claims Tribunal, Ropar (hereinafter to be referred as “the Tribunal”). The facts are extracted from FAO No. 1165 of 1988. Briefly the facts as stated in the award of the learned Tribunal are that on 7.11.1987, Amarjit Singh, aged 26 years, who was working as Mechanic with Chawla Motors Workshop at Morinda, along with Darshan Singh and Kesar Singh went to petrol pump of Babu Ram in order to get diesel filled in Tractor bearing No. PJV-4497. It was being driven by Amarjit Singh. When they reached near Sudha Dharam Kanda, bus bearing No. PJG-1927, driven by respondent no. 3 in a rash and negligent manner struck against the rear side of the tractor. As a result of this, the tractor fell in the ditches and Amarjit Singh fell on the kacha road. The said bus ran over Amarjit Singh, who died at the spot. The claimants filed petitions before the learned Tribunal seeking compensation on account of death of Amarjit Singh. FAO No. 1165 of 1988 -2- The claim petitions were allowed. Considering the income of the deceased as Rs. 800/- per month, compensation of Rs. 28,800/- and Rs. 57,600/- was awarded to the mother and wife of the deceased respectively. Dissatisfied with the award, both have filed appeals before this court for enhancement. In the present case, the accident took place on 7.11.1987. It has been noticed in the award that relations between the deceased Amarjit Singh and his wife were not cordial. Wife Manjit Kaur had levelled allegations of demand of dowry and maltreatment against her husband. No doubt she has proved on record the application for restitution of conjugal rights filed by her which shows her desire to settle with the husband but at the same time it cannot be said that she was residing with her husband at the time of death. Considering these facts and also the income of the deceased as Rs. 800/- per month and the age of the deceased as 26 years at the time of death, the learned Tribunal has granted sufficient compensation to the widow. In so far as grant of compensation to the mother of the deceased is concerned, the learned Tribunal has granted Rs. 28,800/-, considering her age even that does not call for any interference by this court. For the reasons mentioned above, the appeals are dismissed. 9.2.2010 ( Rajesh Bindal) vs. Judge