$-11 * IN THE HIGII COURT OF ' DELHI AT NEW DELHI Date of decision: 2nd December, 2011 + MAC APP. l69t20tl YASHPAL SINGH & ORS. ..... Appellants Through: Mr. Ashok Popli, Adv. Versus SOMVEER SINGH & ORS. ..... Respondents Through: Mr. K. L. Nandwani, , Adv. for R-3. CORAM: HON 'BLE MR. JUSTICE G.P.MITTAL JUD GME NT G. P. MITTAL. J. (ORAL) 1. The Appellant impugns the award dated 19.11.2070, which relates to death of Smt. Ramkali, who was aged more than 80 years on the date of accident, which took place on 02.08.2010. It is not in dispute that the Appellants were the three sons of the deceased and were aged62,60 and 50 years of age respectively. i They were not financially dependant upon the deceased. It is submitted by the learned counsel for the Appellant that a total compensation of Rs.30,000/- awarded by the Tribunal cannot be said to be just and reasonable. It is submitted that even on the basis of no fault liability under Section 140 of Motor Vehicles MAC APP rcgNOII Page I of2 Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified I 2 2. Act the legal heirs were entitled to a compensation of Rs.50,000/- without proving any fault. The deceased was getting an old age pension of t 30,000/- per annum. In the facts and circumstances of the present case, the compensation towards loss of estate is raised to Rs.25,000/-, from Rs.10,000/- and towards love and affection to Rs.25,000/- from t 10,000/-. The Appellants are, therefore, entitled to a compensation of Rs.60,0001- as against the compensation of Rs.30,000/- awarded by the Tribunal. The enhanced conrpensation shall carry interest @ 7.5% per annum from the date cif filing of the petition till the date of payment. Respondent No.3 Insurance Company is directed to deposit the amount with the Registrar General within six weeks, which shall be released in favour of the Appellants in equal shares. a/ 'dt4 (G.P.MTTTAL) JUDGE a 3. a DECEMBER 02, 20tl hs 'i, '( Lfl n ' ^dk3 zs lll7- da,,t" gra tt+*- MAC APP t69n0tl Page 2 of2