F.A.O. No. 3774 of 2009 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH F.A.O. No. 3774 of 2009 (O&M) Date of Decision : 3.2.2010 Sant Visakha Singh Memorial Public School Kishanpura Kalan .......... Appellant Versus Gurmeet Kaur & another ...... Respondents CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. L.S. Sidhu, Advocate for the appellant. Mr. K.R. Dhawan, Advocate for the respondents. **** VINOD K. SHARMA, J. (ORAL) This appeal by the owner and the driver of the offending vehicle is directed against the award dated 14.8.2008, passed by the learned Motor Accident Claims Tribunal, Moga (hereinafter referred to as “the Tribunal”), vide which the claim petition filed by the claimant / respondents stands allowed. On account of the death of Kulbir Singh son of the claimants, compensation to the tune of Rs. 2,90,000/- (Rupees two lac and ninety thousand only) has been granted i.e. Rs.2,88,000/- (Rupees two lac and eighty eight thousand only) towards dependency and Rs. 2,000/- (Rupees two thousand only) for funeral expenses. The deceased was 22 years of age at the time of death, and was an able bodied person, though he was previously employed with Nestle F.A.O. No. 3774 of 2009 2 Private Limited Moga, however, he was out of job for some time, the learned Tribunal, therefore, took his income to be Rs. 3,000/- (Rupees three thousand only) per month, and dependency of the parents at Rs. 2,000/- (Rupees two thousand only) per month. Keeping in view the age of the parents, multiplier of 12 was applied and compensation was assessed at Rs.2,88,000/- (Rupees two lac and eighty eight thousand only). In addition, the claimants were held entitled to Rs. 2,000/- (Rupees two thousand only) towards funeral expenses. The award of Rs. 2,90,000/- (Rupees two lac and ninety thousand only) was passed in favour of the claimants along with interest @ 6% per annum from the date of claim petition till realisation. The award has been challenged on the question of quantum of compensation, by the appellant i.e. owner of the offending vehicle. On the ground that compensation awarded is on the higher side, as the deceased being unemployed, was not earning any income on the date of accident, therefore, the assessment of Rs. 3,000/- (Rupees three thousand only) per month as income of deceased could not be sustained in law. The learned counsel for the appellants further contends, that as three persons were travelling on the motor cycle, therefore, the plea of rash and negligent driving against the appellant driver was not available to the claimants. On consideration, I find no force in the contentions raised by the learned counsel for the appellants. Once the Tribunal on appreciation of evidence has recorded a positive finding, that death of Kulbir Singh had occurred due to rash and negligent driving of bus No. PB-13B-9598 by respondent No.1, merely because three persons were travelling on the motor F.A.O. No. 3774 of 2009 3 cycle cannot be a ground to set aside the findings, nor the compensation awarded can be said to be excessive which may call for any interference by this Court in exercise of appellate jurisdiction. No ground is made out to interfere with the award passed by the learned Tribunal. No merit. Dismissed. 3.2.2010 ( VINOD K. SHARMA ) 'sp' JUDGE