Chanderi Devi & Anr vs Jaspal Singh & Ors

On the intervening night of 29/30.9.2006, Surinder Singh, Chander Singh and Bijender Singh were travelling in a car bearing registration No. CH-03-P-8405 being driven by Jaspal Singh (respondent No.1) and owned by Karnail Singh (respondent No.2) which hit a car bearing registration No.DL- 9CA-7393 being driven by Vikas Khanna near Piao-Maniari on G.T. Road, Sonepat. All the injured were shifted to General Hospital, Sonepat. Surinder Singh-husband of appellant No.1 and father of appellant No.2 succumbed to his injuries on 04.10.2006.

The appellants filed a claim petition before the Tribunal, Sonepat claiming Rs.1,00,00,000/- as compensation on the ground that the deceased was 32 years of age at the time of his death, and he had been working as an Indian Cook in Moghul Tandoor Restaurant, Bruckenkopfstr, 1/2 Heidelberg, Germany and was earning Rs.1,00,000/- per month and that Rs.1,00,000/- was spent on his treatment, transportation and last rites. The Tribunal on consideration of the facts, circumstances and evidence on record, passed an award of Rs.2,00,000/- with an interest at the rate of 7.5% per annum.

In the result, the appellants shall be entitled to compensation under the following heads:

15. Accordingly, we allow this appeal and award an amount of Rs. 29,17,000/- with interest @9% p.a. from the date of filing of the application till the date of payment. The respondent-Insurance Company is directed to deposit the sum payable to the appellant-minor with proportionate interest awarded by this Court in fixed deposit in any nationalised bank as per the preference of appellant-No.1/guardian till the appellant No. 2 attains majority with the liberty to the appellant No.1/guardian to withdraw interest and such amount for her education, development and welfare by filing the appropriate application before the Motor Accidents Claims Tribunal, Sonepat.

The respondent-Insurance Company shall either pay the remaining amount of compensation with proportionate interest awarded by us by way of demand draft in favour of the appellant No.1 or deposit the same before the Motor Accidents Claims Tribunal, Sonepat after deducting the amount already paid to the appellants, if any, within six weeks from the date of receipt of the copy of this judgment. No Costs.

.....................................................................J. [V.GOPALA GOWDA] .....................................................................J. [C. NAGAPPAN] New Delhi, March 31, 2015 ITEM NO.1A-For JUDGMENT COURT NO.9 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s)............/2015 arising from SLP(C) No.1865/2014 CHANDERI DEVI & ANR Appellant(s) VERSUS JASPAL SINGH & ORS Respondent(s) Date : 31/03/2015 This matter was called on for pronouncement of JUDGMENT today.

For Appellant(s) Ms. Abha R. Sharma,Adv.

For Respondent(s) Dr. Meera Agarwal,Adv.

Mr. Sanpreet Singh Ajmani, Adv.

Mr. Manohar Pratap, Adv.

Mr. S. K. Sabharwal,Adv.

Hon'ble Mr. Justice V.Gopala Gowda pronounced the judgment of the Bench comprising His Lordship and Hon'ble Mr. Justice C. Nagappan.

Leave granted.

The appeal is allowed in terms of the signed Non-Reportable Judgment.

(Signed Non-Reportable Judgment is placed on the file)