R.S.A. No. 1309 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A. No. 1309 of 2009 (O&M) Date of decision: 24.03.2009 Krishna alias Kajal ....appellant versus Smt. Sneh Lata ....respondent CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA Present: - Mr. R.S. Mamli, Advocate, for the appellant. *** VINOD K. SHARMA, J. (ORAL) This regular second appeal is directed against the judgment and decree dated 10.12.2008 passed by the learned Courts below, vide which the suit filed by minor plaintiff/appellant stands dismissed. The plaintiff brought a suit on the pleading that due to the death of her father i.e. the husband of defendant/respondent, all the legal heirs were granted compensation in equal shares. The case set up by the plaintiff was that a compromise was entered into between the parties before the panchayat, wherein it was agreed that the compensation to be paid to the respondent/defendant would be transferred to the minor plaintiff towards her maintenance and other expenses, and the amount was to be kept with the grand-parents, as the defendant/respondent got remarried after the death of her husband. R.S.A. No. 1309 of 2009 (O&M) -2- The learned Courts below on appreciation of evidence have recorded a concurrent finding of fact that the plaintiff/appellant failed to prove the compromise which was said to have been entered into between the parties. Once it was not proved that there was any settlement between the parties, the learned Courts below were right in dismissing the suit. The learned counsel for the appellant contends that this appeal raises the following substantial question of law: - “Whether the widow who remarries is entitled to compensation, on account of death in motor vehicle accident?” In support of the substantial questions of law, the learned counsel for the appellant has placed reliance on the judgment of the Hon'ble Karnataka High Court in Leelawwa H. Vajramatti and others Vs. Karnataka Handloom Development Corpn. Ltd. Ors, 2006(3) R.C.R. (Civil) 398 wherein the Hon'ble Karnataka High Court has been pleased to lay down that wife who has deserted the husband and contracted second marriage is not entitled to compensation though technically she may be legal heir of the deceased. The judgment relied upon by the learned counsel for the appellant has no relevance or even remotely connected to the dispute or facts of present suit. The suit has been brought on the basis of compromise under which the defendant was said to have agreed to pay certain amount to plaintiff/appellant being minor daughter. However, compromise was not proved. The substantial question of law, therefore, does not arise for R.S.A. No. 1309 of 2009 (O&M) -3- adjudication in the case, as the suit is purely based on alleged compromise said to have been entered into between the parties, which the plaintiff/appellant failed to prove. No merit. Dismissed. (Vinod K. Sharma) Judge March 24, 2009 R.S.