1 e 23 1 F AO No 531of 1988 1 ln theHighCourt of Punjabclaryanaal Chandigarh Dateofdecision l 231 120101 1 FeAe 0e Noe 5310f1988 OcMl GurdevKaur andothers Appellants a VS fL Stateof Punjaband others 0 2 FeAe 0a Noe 5530f1988 08Ml 3 I The Stateof Punjaband another Appellants VS 0 GurdevKaur andothers I Z Coram1 Honble Mre JusticeRajeshBindal T Presentl Mr HPS Rahi Advoc2c fortheclailnanl I Mr PallinderSilishSenior Depttty Advoate General Punjab c45 RotieshGindol Je 7 This order shalldispose of aforementionEdappeals as thesanle arise Z out of a commotl award passedbythe IearnedMotor Accident ClaimsTribunal tl Jalandhar hereinaflerto be referredos the TribIl1011 Tlle claimants have lhis court for furtllerenhanceinent whereastlle Slate has fllcd appeal Il for reductionin the The factshavebeenextractedfrom FAO No 531 of 1988 The brief factsof the case are tllat on 181986 GurcharanSingh was travelling ln Bus No PJG2202 drlven by NiraniatlSiilgh no 3 Whenthe busreachednear VillageBhar Mazara Nawanshahar Jalandhar Road the driver suddenly turnedthe steerinotowards his rightand due to rain thedriver lost controlover the bus the same went towardsthe ditch near the road and slruckagainst a lree It fall on theriglItside lll the accident nUlnberofpasselgers including GurcharanSinghreceived injurieswhodied later on due to theinjuries sustainedby hinl in the accidctit FIR was lodgedin the Police Station BangaThe claitnantsOled claim petilionbefore the Iearned Tribunalwhich was allowed vide alvarddated2011988 As both tlle partiesIvere L not satistledwith theaward the same was betorethis cotln Learned counsel for the claiinants prinlarilyraised the argoment . Anita 2012.09.19 11: 09 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:56 I attest to the accuracy and integrity of this document 24 F AO No 531 of 1988 2 1 L the cut appliedbythe Tribunalon account of expensesof the wllo was workingas Sub lnspectorwith the PunjabArmed Police He 8irther submittedthat calculationmadeby the Tribunal while the amount of are not correct It was furtherarguedthat award of interest c 6Io per annum on the amount of deserves to be m C4 enhanced On theother hand learnedcounselfor the Statesubmittedthatmuch 0 C3 more thanwhat the claimantsdeservedhas been awardedbythe IearnedTribUnal whichin fact deservesto be reducedHe submittedthat salaryof the deceased I 0 was merely Rs 141930 paiseand not 1458AOpaiseas lS referredto by the I Tribunalin the discussionEven thewidow of the deceasedherselfstated thatthe deceasedusedto contributeRs 12001 per monthfor householdexpenses Z but still the TribunalwhiIe his personal expenses at Rs 4001 per e month calculatedthe at Rs 85019er month There is no case made C out for award oflnore interest thanwhat have beenawardedbytheTribunal I HeardIearnedcounselfor theparties andperused the a5 Thesalaryof thedeceasedin the presentcase who was working as with the PunjabArmedPolice was proved on recordas Rs 141930 r a paiseBesidesthat it was merelythestatement of thewidow of thedeceasedthat Z he was gettingRs 1458AO paiseper month but there was no corroborative nW evidenceto supportthe same The deceasedlef1behind widow and Ove minor children In terms of judgment of Honble the Supreme Court in Sarla Vernla Smtl andothersvs Delhi TransportCorporationand unother29 6 SCC 121 wherethe fatnilymembersaresix a cut of 114 is required to be appliedIf on his incomeof Rs 141930 paisea cut of I IS appliedthe per monththereofcomesto Rs 106425paiseThe annual wouldthereforcomes to Rs 127711 Considering the age of the deceasedas 45 yearsat thetime ofaccident in terms ofSarln Venna1scase 6supratllemultipliec of 14 is requiredto be appliedThe flgureaccordingly comesto Rl787941a which is roundedofto Rs 1788001 For the reasons mentionedabove the awa d of the learnedTribunal is modilledto the extent thatthe claimantsshall be entitledto of Rs 1788001 as againstRs 1428001 awardedbythe Tribunal Tlle clailnanls shall alsobeentitledinterestc 60Ioper annum fromthe dateof OIingof thepetitlon till thedisbursementof the amount The amount of shall be disbursedto the clailnants in the same propoilion as hasbeen directcdbythe Tribunalln tlle impugned award 1 . Anita 2012.09.19 11: 09 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:56 I attest to the accuracy and integrity of this document 25 AO No31 of 1988 3 P the appealtlled bythe claimantsis accepted whereas thatofthe Stateis dismissed 2r92010 RajeshBindalJ VS m Jge V J Q 0 I 1 Cao Z 2 cL C 19 tJr 50 08 0 C2 1 r . Anita 2012.09.19 11: 09 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:56 I attest to the accuracy and integrity of this document