DILBAGH SINGH Vs. THAKUR SINGH
LAWS(P&H)-2001-4-88
HIGH COURT OF PUNJAB AND HARYANA
Decided on April 01,2001

DILBAGH SINGH Appellant
VERSUS
THAKUR SINGH Respondents

JUDGEMENT

V.S. Aggarwal, J. - (1.) THE present appeal has been preferred by Dilbagh Singh, hereinafter described as "the appellant", directed against the award of the Motor Accident Claims Tribunal, Hisar, dated 18.5.1985. The learned Tribunal awarded a sum of Rs. 35,000/ - as compensation against respondents No. 1 and 2. The respondents were held liable jointly and severally and also liable to pay interest at the rate of 12% per annum from the date of the award till realisation.
(2.) THE sole question agitated has been as to if the compensation awarded to the appellant is adequate or not ? Therefore, the controversy as to if respondent No. 1 was driving the vehicle in question rashly and negligently is not relevant. The relevant fact is that on 12.10.1984 at 3.00p.m. in the accident the wife of the appellant and his son aged about 5 years had lost their lives. The mother of the appellant also lost her life in the said accident. The learned Tribunal had awarded a sum of Rs. 15,000/ -for the death of the wife and the same amount for the death of the child besides Rs. 5,000/ - to the claimant for the injuries and special damages.
(3.) THE learned Counsel for the appellant argued that the compensation for the death of the wife so awarded is not adequate. So far as that fact is concerned, during the course of submissions, it was admitted that the appellant has remarried. There was no other material to show that he has suffered any pecuniary or non -pecuniary loss on account of the death of his wife. Thus, no fault liability of Rs. 15,000/ - was rightly awarded.;


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