DL 9CA 7393 being driven by Vikas Khanna near Piao Maniari on G.T. Road, Sonepat.
Being aggrieved by the inadequate companypensation awarded by the Tribunal, the appellants filed FAO No.1652 of 2010 before the High Court of Punjab and Haryana at Chandigarh, wherein the High Court enhanced the companypensation amount to Rs.17,10,000/ .
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.
The necessary relevant facts are stated hereunder to appreciate the case with a view to ascertain whether the appellants are entitled for further enhancement of companypensation as prayed in this appeal.
It has been companytended by the learned companynsel for the appellants that the companyrts below ought to have appreciated that the deceased was about 32 years of age and was employed as an Indian Cook in Moghul Tandoor Restaurant, Bruckenkopfstr, 1/2 Heidelberg, Germany, earning about 1145 Euros per month.
In support of the same, reliance has been placed on the decisions of this Court in State of Haryana v. Jasbir Kaur2 and Divisional Controller K.S.R.T.C. v. Mahadev Shetty3, wherein it is held that the amount of companypensation should be just and reasonable, it should neither be a bonanza number a source of profit but at the same time it should number be a pittance.
1652 of 2010 by the High Court of Punjab and Haryana at Chandigarh, wherein the High Court has partly allowed the appeal by enhancing the amount of companypensation to Rs.17,10,000/ from Rs.2,00,000/ as awarded by the Motor Accidents Claims Tribunal, Sonepat for short the Tribunal in its award.
All the injured were shifted to General Hospital, Sonepat.
The companyrts below have companysidered the evidence produced on record by the appellants, particularly the passport, salary certificate, income tax certificates and whether or number the deceased was employed in Germany at the time of the accident to ascertain the annual income of the deceased at the time of his death and the companyrts below found that the same cannot be assessed on the basis of the documents referred to above.
The Tribunal on companysideration 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.
Aggrieved by the same, the appellants filed this appeal.
We have heard the learned companynsel for the parties perused the record.
The appellants filed a claim petition before the Tribunal, Sonepat claiming Rs.1,00,00,000/ as companypensation 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.
GOPALA GOWDA, J. Leave granted.
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.
This appeal has been filed by the appellant claimants against the Judgment and order dated 25.07.2013 passed in FAO No.
On the other hand, it has been companytended by the learned companynsel for the respondent Insurance Company that the amount awarded by the High Court to the appellants as companypensation is just and reasonable and does number call for any upward revision.
Surinder Singh husband of appellant No.1 and father of appellant No.2 succumbed to his injuries on 04.10.2006.
On the intervening night of 29/30.9.2006, Surinder Singh, Chander Singh and Bijender Singh were travelling in a car bearing registration No.
The High Court found it to be just and reasonable to take the income of the deceased at the time of his death at Rs.8,333/ per month, which in our companysidered view is definitely on the lower side keeping in view that the deceased was employed as a companyk in an Indian restaurant in Germany.
from the date of filing of the application till the date of payment.
