FAO.No.440 of 2008 #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO.No.440 of 2008 Date of Order: 18.5.2009 Surinder Kaur and another .....Appellants Versus Paramjit Singh and another Respondents CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. Naveen Sharma, Advocate for the appellants. Mr. Nirmal Mittal, Advocate for respondent No.2- Insurance Company. JASWANT SINGH, J (ORAL) By filing the present appeal, appellants-claimants have prayed for modification of the award dated 8.8.2007 passed by learned MACT, Rupnagar whereby the claimants were awarded a sum of Rs.10,07,000/- as compensation including Rs.5000/- as consortium and Rs.2000/- as funeral and last rites charges with interest @ 6 % per annum on account of death of one Amrik Singh in a motor vehicular accident. Briefly facts are that on 11.5.2003, deceased Amrik Singh, aged 54 years along with his other family members was coming from Banga to Rupnagar in Car No.CH-03-F/7478, which was being driven and owned by respondent No.1-Paramjit Singh. When they reached near DCM factory, Asron at about 5.00 PM, a stray cow came in front of the car and the driver FAO.No.440 of 2008 #2# of the car could not control due to high speed and rash and negligent driving, as a result of which, car turned turtle and the said Amrik Singh suffered multiple grievous injuries. He was taken to Civil Hospital Rupnagar but on the way he died. The widow and father of the deceased-Amrik Singh filed a claim petition under Section 166 of the Motor Vehicles Act, 1988. Learned Tribunal found that death of Amrik Singh had been caused due to rash and negligent driving of respondent No.1 of the offending vehicle. Learned Tribunal while determining the issue of compensation, took the total salary of the deceased-Amrik Singh to be Rs.17,221/- on account of which annual income came to be Rs.2,06,652/-. After deducting the tax payable by the deceased, learned Tribunal fixed the annual income of the deceased to be Rs.1,94,200/-. Multiplier of 8 was applied and after deducting 1/3rd, learned Tribunal determined the dependency of the claimants at Rs.10,35,734/-. However, since the claimants, in the claim petition, had demanded compensation to the tune of Rs.10 lacs only, therefore, the claimants were awarded a compensation of Rs.10,00,000/- plus Rs.5000/- towards loss of consortium and Rs.2000/- as funeral and last rites expenses to be paid by the respondents jointly and severally. It was further ordered that primary responsibility will be that of respondent No.2-National Insurance Company. The only contention raised by learned counsel for the appellants is that the compensation determined by the learned Tribunal could not be reduced solely due to the fact that the claimants in the claim petition had demanded compensation to the tune of Rs.10,00,000/- only. On the other hand, learned counsel for the respondents submits that the learned Tribunal has rightly awarded the compensation of FAO.No.440 of 2008 #3# Rs.10,00,000/-. After hearing learned counsel for the parties, this court is of the opinion that the learned Tribunal has erred in reducing the amount of compensation of Rs.10,35,734/- as determined by the learned Tribunal only on the ground that the claim was only made for Rs.10 lacs. It is well settled that the claim petitions are filed under beneficial piece of legislation and, therefore, while deciding the claim petition, the provisions have to be liberally construed. Strict rules of proof of evidence as well as of rules of procedure provided under the Civil Procedure Code are not strictosenso applicable to the proceedings for determination of compensation under Section 166 of the Motor Vehicles Act as admittedly the nature of such proceedings are summary in nature, aimed at determination of just and equitable compensation. Therefore, in my considered opinion, claimants are entitled to the amount actually determined by the learned Tribunal. In view of the above, award dated 8.8.2007 passed by learned MACT, Rupnagar is modified to the extent that the claimants shall be awarded a sum of Rs.10,35,734/- plus Rs.5000/- towards loss of consortium and Rs.2000/- as funeral and last rites expenses. Thus appellants-claimants shall be entitled to enhanced compensation of Rs.35,734/- along with interest @ 6 % per annum from the date of passing of the award till its realization. The enhanced compensation shall be apportioned between the claimants in the same ratio as determined by the learned Tribunal. May 18, 2009 ( JASWANT SINGH ) manoj JUDGE