F.A.O NO. 740 OF 1989 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O NO. 740 OF 1989 DECIDED ON : 08.03.2010 New India Assurance Co. and others ...Appellants versus Lila Mahant ...Respondent CORAM : HON'BLE MR. JUSTICE K. C. PURI Present : Mr. Neeraj Khanna, Advocate, for the petitioners. K. C. PURI, J. (ORAL) This is an appeal directed by the New India Assurance Company, Surat Singh-owner and Gopal Ram-driver of the offending vehicle. Lila Mahant chela Maman Mahant file claim petition claiming compensation on account of death of Jagga Mahant in a motor vehicular accident. It is alleged that on 18.08.1986 at about 12:30 noon, Pritam Singh along with Jaspal Kaur, Kamikkar Singh and Jagga Mahant were travelling in Jeep No. PNR-5815 which was being driven by Dayal Singh. They were proceeding towards Dera Badhbhag Singh and when they reached on Ropar-Nangal road within the area of village Ahmedpur, a truck bearing registration F.A.O NO. 740 OF 1989 -2- No.PUR-6549 being driven rashly and negligently, struck against their jeep due to which Jagga Mahant received grevious injuries and he died at the spot. The respondents appeared and filed joint written statement admitting the accident in question. However, it was pleaded that there was a curve at the place of accident and the driver of the Jeep was driving the jeep at a very high speed due to which the accident took place. It was further pleaded that there was no negligence on the part of the truck driver. The Tribunal framed the following issues : 1. Whether respondent Gopal Ram caused the motor accident by his rash and negligent driving of truck No. PUR-6549 on 18.08.1986 on Ropar-Nangal road in the area of village Ahmedupur ? OPP 2. Whether Pritam Singh received injuries in the aforesaid accident ? OPP 3. Whether Pritam Singh is entitled to receive compensation on account of injuries ? If so, to what extent and from which of the respondents ? OPP 4. Whether Jagga Mahant died as a result of injuries sustained by him in the aforesaid accident ? OPP 5. Whether claimant Lila Mahant is entitled to compensation on account of loss of life of Jagga Mahant ? If so, to what amount and from which of the respondents ? OPP F.A.O NO. 740 OF 1989 -3- 6. Whether Jeep No. PNR-5815 was damaged on account of the accident aforesaid ? OPP 7. Whether claimant Lila Mahant is entitled to compensation for the damage caused to the Jeep ? OPP 8. Whether Gopal Ram respondent was not having a valid driving licence on the date of accident ? OPR 3 9. Relief. The learned Tribunal has taken Issues No.1 and 4 together and returned the findings on these issues in favour of the claimant. Issues No.2 and 3 relates to the injuries on the person of Pritam Singh and as such, they are not relevant for the decision of the present case. Issue No.5 was also decided in favour of the claimant and an amount of Rs.96,000/- was granted along with interest @ 12 % per annum. Issue No. 8 was also decided against the Insurance Company. Feeling dissatisfied with the award, the Insurance Company, the driver and owner of the offending truck have filed the present appeal. In view of authority “Asha and others vs. United India Insurance Co. Ltd.” PLR (2004-1) Page-1, joint appeal preferred by Insurance Company, driver and owner is not maintainable. Otherwise also on merits, there is nothing on the file to interfere. F.A.O NO. 740 OF 1989 -4- Learned counsel for the appellants has challenged that there is no loss of dependency to the claimant as the property is still there. However, that fact cannot be accepted. The dependency has been taken only as Rs.500/- per month and the yearly dependency has been taken as Rs.6000/-. The multiplier of 16 has been applied. So, there is no illegality in the impugned award. Consequently, the appeal stands dismissed. MARCH 08, 2010 (K. C. PURI) shalini JUDGE