FAO No. 5700 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 5700 of 2009 (O&M) Date of decision: 10.03.2010 Janak Raj and others ....Appellants Versus Ram Narin and others ....Respondents CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA Present: -Mr. R.S. Rana, Advocate, for the appellants. VINOD K. SHARMA, J.(ORAL) CM No. 28584-CII of 2009 For the reasons stated in the application, CM is allowed and the delay of 16 days in filing the appeal is condoned. FAO No. 5700 of 2009 This judgment shall dispose of FAO No. 5700 of 2009 titled Janak Raj and others Vs. Ram Narin and others and FAO No. 5704 of 2009 titled Amarwati alias Amriti Devi Vs. Ram Narin and others, as both the claim petitions in these appeals were disposed of by same award. Janak Raj appellant in FAO No. 5700 of 2009, along with his minor children, claimed compensation on account of death of his wife Sushma Devi, whereas Amarwati in FAO No. 5704 of 2009 claimed compensation for the injuries, sustained by her in a motor vehicular accident. The pleaded case of the claimants was, that on 1.6.2008, Smt. Sushma Devi along with some other persons were travelling in three-wheeler from Mustfabad to Ladwa. Three-wheeler was going at a moderate speed, on the left side of the road. At about 4.30 p.m., when FAO No. 5700 of 2009 (O&M) -2- the three-wheeler was at a distance of about half kilometer from village Gajlana, in the meantime, dumber bearing No. HR-69B-0516 driven by respondent No.1, in a rash and negligent manner, in violation of traffic rules, came from Gajlana side and dashed the right side against the three-wheeler. Three-wheeler turned turtle, and all the occupants of the three-wheeler suffered grievous injuries. Respondent No.1 fled away after leaving the vehicle at the spot. The injured were taken to the civil hospital, where Smt. Sushma died, whereas Amarwati suffered injuries. The claim was contested by taking preliminary objections. It was asserted that the owner and driver of the offending vehicle had a valid driving licence. On merit, the factum of accident was denied. Whereas the Insurance Company took a plea, that the driver of offending vehicle did not have a valid driving licence. Plea was also taken, that no accident had taken place. On appreciation of evidence, the learned Tribunal held, that the accident was caused, due to the rash and negligent driving of the driver of the offending vehicle, in which Smt. Sushma Devi died and Amarwati suffered injuries. The claimants, on account of death of Smt. Sushma Devi were granted compensation of Rs.4,42,000/- (Rupees four lac and forty two thousand only), as she was a housewife and had no independent source of income. In view of the status of the parties, the income of the deceased was assessed at Rs.3,000/- (Rupees three thousand only). The dependency was taken as Rs.2,000/- (Rupees two thousand only) and multiplier of 18 was applied keeping in view the age of the deceased. In case of Amarwati, it was proved that she suffered a fracture, and disability was 7% of a limb. She was awarded Rs.89,270/- FAO No. 5700 of 2009 (O&M) -3- (Rupees eighty nine thousand two hundred and seventy only) inclusive of medical expenses. The claimant was awarded for mental tension and torture, for engaging attendant, for special diet and transportation. As noticed above, the claimant, Smt. Amarwati, was awarded total compensation to the tune of Rs.89,270/- (Rupees eighty nine thousand two hundred and seventy only). The learned counsel for the appellants has challenged the award on question of compensation by alleging it to be inadequate without any further details. The compensation awarded is in consonance with the settled law. The multiplier was rightly applied in Janak Raj's case. Similarly, keeping in view the injuries suffered the compensation awarded to Amarwati also cannot be said to be inadequate, as compensation on all permissible grounds already stands granted. For the reasons stated, finding no merit in these appeals, these are ordered to be dismissed, but with no order as to costs. (Vinod K. Sharma) Judge March 10, 2010 R.S.