Karamjit Kaur vs Harbhajan Singh

Jitendra Chauhan, J.—The present appeal has been filed by the claimant appellants, seeking enhancement of the amount of compensation awarded by the learned Motor Accident Claims Tribunal, Sri Muktsar Sahib, (''the Tribunal'', for brevity) vide award dated 01.02.2011, on account of the death of Raj Singh, in a motor vehicular accident, which took place on 02.04.2010. The learned counsel for the appellants submits that amount of compensation awarded by the learned Tribunal under the heads - loss of consortium, loss of estate and funeral expenses is inadequate. He further submits that the learned Tribunal has not awarded any compensation towards lost of care and guidance for minors.

On the other hand, the learned counsel for the respondent-Insurance Company has vehemently argued that the amount of compensation awarded by the learned Tribunal is just and appropriate and no interference therein is called for.

I have heard the learned counsel for the parties and perused the record.

There is no dispute with regard to the fact that Raj Singh, since deceased, lost his life in a road accident which took place on 02.04.2010. He was 37 years of age and left behind five dependants, which includes wife, widowed mother and three minor children. The learned Tribunal has awarded an amount of Rupees ten thousand towards ''loss of consortium'', and Rupees five thousand on account of ''funeral expenses'', which is on the lower side. In view of the decision rendered by Hon''ble the Apex Court in Rajesh and Others Vs. Rajbir Singh and Others, the amount of compensation awarded under the abovestated two heads is enhanced to Rupees one lac and Rupees twenty five thousand, respectively.

A further perusal of the impugned award reveals that no amount has been awarded to the minor children, being three in number, for the loss of care and guidance on account of the death of their father, the deceased. Accordingly, this Court feels that the ends of justice would be adequately met in case an amount of Rupees twenty five thousand is granted to the claimants under this head. Ordered accordingly.

The compensation amount awarded by the learned Tribunal under the other heads shall remain the same.

In view of the above, the claimant-appellants are held entitled to enhanced compensation of Rupees one lac thirty five thousand, as indicated above, which shall be payable within a period of 45 days from the date of receipt of a certified copy of this judgment, failing which, they shall also be entitled to interest @ 6.5% per annum, from the date of filing the present appeal, till its realization. With the aforesaid modification in the impugned award, the present appeal is partly allowed.