FAO No.949 of 2010 and X-Obj. No.74-CII of 2010 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.949 of 2010 and X-Obj. No.74-CII of 2010 Date of Decision : 03.11.2011 Parminder Kumar and another .......Appellants Versus Balwinder Singh .......Respondent CORAM:- HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Ashok Bector, Advocate, for the appellants. Mr. Ashwani Talwar, Advocate, for the respondent. **** JITENDRA CHAUHAN, J. (ORAL) The appeal in hand has been preferred by the claimants seeking enhancement in the amount of compensation awarded by the learned Motor Accident Claims Tribunal, Rupnagar, vide Award dated 01.10.2009, on account of the death Bhupinder Kaur in a road accident. Balwinder Singh, respondent has filed Cross Objection No.74-CII of 2010. Briefly stated, the facts of the present case are that on 30.4.2008, Bhupinder Kaur, since deceased, was going on her Honda Activa Scooter. When she reached near Bhai Lalo Market on Bela Road, Ropar, she gave a signal to turn towards Malhotra Colony, 1 FAO No.949 of 2010 and X-Obj. No.74-CII of 2010 Ropar. One Manpreet Singh, who was following her on his scooter, stopped his scooter. In the meanwhile, the respondent, Balwinder Singh, who was driving his Eterno Scooter bearing No.PBV-12G- 2560, in a rash and negligent manner, came from behind and struck against the Activa Scooter of Bhupinder Kaur. Resultantly, Bhupinder Kaur suffered multiple and grievous injuries on her face, head, legs and other parts of the body. She was removed to Civil Hospital, Ropar, from where she was referred to the PGIMER, Chandigarh, where she remained admitted till 2.5.2008, on which date she ultimately succumbed to her injuries. FIR No.58 dated 01.05.2008 was registered at PS City Rupnagar on the statement of Manpreet Singh. In this background, the claimants preferred claim petition claiming compensation on account of the death of deceased Bhupinder Kaur. The learned Tribunal awarded compensation to the tune of `5,00,000/- to the claimant-Divjot Singh, while Parminder Kumar, husband, was not held entitled to any compensation on account of the death of Bhupinder. Balwinder Singh, respondent was held liable to pay the compensation. Aggrieved against the impugned Award, both the parties are before this Court by way of the present appeal and Cross- Objections. I have heard the learned counsel for the parties and perused the record. 2 FAO No.949 of 2010 and X-Obj. No.74-CII of 2010 From the record, it is made out that the deceased, Bhupinder Kaur was aged about 34 years at the time of her death in the accident. The claimants, Parminder Kumar and Divjot Singh, are her husband and son, respectively. The learned Tribunal, while dealing with the issue of negligence, has held that the deceased was also negligent in taking a sudden turn from main road without caring for the traffic coming from behind and the accident took place due to the contributory negligence of Bhupinder Kaur as well as the respondent-Balwinder Singh. The learned Tribunal has further held claimant-appellant No.1 not entitled to claim any compensation. A lumpsum amount of `5,00,000/- has been granted to applicant- claimant No.2, Divjot Singh, the minor son of the deceased, while holding that the guidelines prescribed in Smt. Sarla Verma and others Vs. Delhi Transport Corporation and another, 2009(3) RCR (Civil) 77, are not applicable in the present case. The respondent has filed Cross Objections No.74-CII of 2010, wherein, it has been averred that in the facts and circumstances of the present case, the compensation awarded by the learned Tribunal is adequate, and the same is not liable to be enhanced. In the peculiar facts and circumstances of the present case, this Court finds favour with the findings recorded by the learned Tribunal while passing the Award and I am not inclined to interfere therein. Consequently, the appeal preferred by the claimants- appellants is hereby dismissed being devoid of any merit, while Cross 3 FAO No.949 of 2010 and X-Obj. No.74-CII of 2010 Objections No.74-CII of 2010, filed by the respondent-Balwinder Singh, are disposed of. ( JITENDRA CHAUHAN ) 03.11.2011 JUDGE atulsethi Note: Whether to be referred to reporter ? Yes/No 4