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SMT.PHOOLI DEVI & ORS versus KOJA RAM ALIAS MANGU RAM & ORS

High Court of Punjab and Haryana, Chandigarh

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Smt.Phooli Devi & Ors v. Koja Ram alias Mangu Ram & Ors - FAO-1891-1998 [2006] RD-P&H 1302 (1 March 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Case No. : F.A.O.No.1891 of 1998

Date of Decision : February 22, 2006.

Smt.Phooli Devi & others .... Appellants Vs.

Koja Ram alias Mangu Ram & others .... Respondents Coram : Hon'ble Mr.Justice Viney Mittal.

* * *

Present : Mr.Rahul Vats, Advocate

for the appellants.

Mr.Neeraj Khanna, Advocate

for Mr.Raminder Arora, Advocate

for respondent no.3.

Mr.Ashok Aggarwal, Senior Advocate

with Mr.Piyush Bansal, Advocate

for respondent no.5.

JUDGMENT (Oral) :

The claimants are in appeal. They want further enhancement of compensation as awarded by Motor Accident Claims Tribunal vide order dated January 19, 1998.

An accident took place on July 20, 1997, wherein Lala Ram, who was driving the truck, died, when a bus bearing No.GJ-IV-2110, being driven by Koja Ram dashed against the truck. Lala Ram was 32 years of age at the time of the accident.

The claimants, who are the widow, minor children and mother of the deceased Lala Ram, filed a claim petition. In the claim petition, it was claimed that the accident in question had been caused on account of rash and negligent driving of Koja Ram. It was further claimed by the claimants that at the time of accident, Lala Ram was having monthly income of Rs.4,000/-.

F.A.O.No.1891 of 1998 : 2 :

The learned Tribunal, on the basis of evidence available on record, found that Koja Ram, driver of the bus in question, was rash and negligent in his driving and therefore, the accident in question had been caused. Consequently, the claimants were held entitled to compensation.

The compensation was held payable by the driver, owner and United India Insurance Company-the insurer of the offending bus. The Tribunal further found that the employer of the deceased driver had appeared and stated that Lala Ram, at the time of his death, was being paid a monthly salary of Rs.2,000/-. Consequently, his dependency was assessed at Rs.1,600/-, multiplier of `16' was applied. In these circumstances, compensation was assessed as Rs.2,56,000/-, payable with interest at the rate of 12% per annum.

I have heard learned counsel for the parties and with their assistance, have also gone through the record of the case.

Learned counsel appearing for the claimant-appellants has argued that income of the deceased Lala Ram has been assessed on the lower side and therefore, the claimants were entitled to enhancement of the compensation.

Having gone through the record of the case and after perusing the findings recorded by the Tribunal, I do not find any merit in the contentions of the learned counsel. The Tribunal has taken into consideration the written statement filed by M/s Moti Theatre i.e. owner of the truck, in whose employment Lala Ram was employed as a driver. In the aforesaid written statement, it was specifically mentioned that Lala Ram deceased was getting salary of Rs.2,000/- per month. No evidence to the contrary was led to show that the deceased Lala Ram was receiving any higher salary.

Consequently, there is absolutely no material before this court to hold that salary of Lala Ram had been assessed on the lower side.

As a result of the aforesaid discussion, I do not find any merit in the present appeal and the same is, consequently, dismissed.

February 22, 2006 ( VINEY MITTAL )

monika JUDGE


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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