IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2396 of 1999 (O&M) Date of decision:28.02.2011 Sona Devi and others ....Appellants versus Karambir and others ....Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: None for the appellants. None for respondents 1 to 3. Mr. Raj Kumar Bashamboo, Advocate, for respondent No.4. ---- 1. Whether reporters of local papers may be allowed to see the judgment ? No. 2. To be referred to the reporters or not ? No. 3. Whether the judgment should be reported in the digest ? No. ---- K.Kannan, J. (Oral) 1. The appeal is of the year 1999 and there is no representation on behalf of the appellants. Counsel for the respondent-Insurance Company is present and I proceed to dispose of the case with his able assistance. 2. The claim was for compensation for damages to his property namely, the horse, carts and for injuries suffered by the claimant. After the institution of the petition, he had also died and the claim was prosecuted by his children. The accident had taken place on 26th August, FAO No.2396 of 1999 (O&M) - 2 - 1996 and he had been hospitalized for 7 days. He had died subsequently to the filing of the petition on 17.05.1997. The Tribunal awarded under the pecuniary damages, compensation of Rs.20,200/- for the value of horse, Rs.14,600/- for the value of cart and also assessed under the non- pecuniary damages Rs.12,500/- for pain and suffering and awarded a lumpsum amount of Rs.50,000/-. There could not have been a survival for a cause of action for pain and suffering. If the death was to be taken as resulting out of accident then assessment could be made but consistent with the finding by the Tribunal, death itself had not been shown to have resulted by the injuries. The award of compensation for injuries is not tenable. However, I am not prepared to go into that aspect but dismiss the case for default of appearance of the appellant. 3. Since there is no representation for the appellants, Registry is directed to despatch the order copy directly to the party at the address given in the memo of parties. (K.KANNAN) JUDGE 28.02.2011 sanjeev