IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.5470 of 2006(O&M) Date of decision: 30.7.2009 Balbir Singh and another ......Appellants(s) Versus Baldev Singh & others ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr. Pankaj Bali, Advocate for the appellants. Mr. Paul S. Saini, Advocate for respondent No.2. Rakesh Kumar Garg, J.(Oral) CM No.25486-CII of 2006 For the reasons mentioned in the application which remained unrebutted, delay of 269 days in filing this appeal is condoned . CM stands disposed of. FAO No.5470 of 2006 By way of this appeal, the appellants have challenged the impugned award passed by the Tribunal dated 23.11.2005 on the ground of inadequacy of compensation whereby their claim petition for grant of compensation on account of death of Jaspal Singh on 20.12.1999 in a motor vehicular accident caused by respondent No.1 due to rash and negligent driving of truck No. HR-45-5192, was allowed holding that the claimant-appellants had already been awarded Rs.2,92,000/- as compensation on account of death of Jaspal Singh in the aforesaid motor vehicle accident by a judgment dated 11.12.2002 passed by Shri J S Jhangra the then MACT, Karnal . The brief facts of the case which are necessary for the disposal of this appeal are that Jaspal Singh, son of the appellants, died on 20.12.1999 in an accident which was caused by respondent No.1 due to rash and negligent driving of truck No. HR-45-5192. FAO No.5470 of 2006(O&M) -2- Gurmeet Kaur, widow of the deceased Jaspal Singh, filed a claim petition claiming compensation on account of death of Jaspal Singh in the said motor vehicular accident. The appellants were not party to the aforesaid claim petition. Shri J. S. Jhangra, the then MACT, Karnal vide his judgment dated 11.12.2002, copy of which was placed on record of this case, has held that the death of Jaspal Singh was caused on account of rash and negligent driving of truck No.HR-45-5192 by respondent No.1. The Tribunal assessed the compensation at Rs.7,30,000/- payable on account of death of aforesaid Jaspal Singh and ordered to pay an amount of Rs.4,38,000/- to Gurmeet Kaur, widow of the deceased, observing that the remaining amount of compensation i.e Rs.2,92,000/- shall go to the parents of the deceased (appellants) who were not impleaded as claimants in that claim petition. It may be pointed out that the rights of the appellants qua compensation to the tune of Rs.2,92,000/- already stood determined in the previous award Ex.P-1. The aforesaid award has already become final and even the appellants have not challenged the same. While passing the impugned award, the Tribunal granted interest @ 6% per annum from the date of the claim petition till its realization on the amount of Rs.2,92,000/- to the appellants. There is no other evidence on record on the basis of which the compensation can be enhanced in favour of the appellants. Thus, I find no merit in this petition. Dismissed. July 30, 2009 (RAKESH KUMAR GARG) ps JUDGE