Jitendra Chauhan, J. - (1.) (Oral) - CM No.7164 CII of 2011 in FAO No. 2179 of 2011 For the reasons mentioned in the application, delay of 37 days in filing the appeal is hereby condoned. Application stands disposed of accordingly. CM No.32391 CII of 2010 in FAO No.7352 of 2010. Keeping in view the averments made in the application, delay of 16 days in filing the appeal is hereby condoned. Application stands disposed of. FAO No. 7352 of 2010 & FAO No. 2179 of 2011 This judgment shall dispose of two appeals i.e. FAO no 7352 of 2010, filed by the Insurance Company and FAO No. 2179 of 2011, filed by the claimants. Both these appeals have been filed against the common impugned Award dated 25.8.2010, passed by the learned Motor Accident Claims Tribunal, Panchkula (for short 'the Tribunal'), vide which the claim petition was allowed and the Insurance Company, the driver and the owner were jointly and severally held liable to pay the compensation. For the sake of brevity, the facts have been taken from FAONo.7352 of 2010.
(2.) The brief facts giving rise to the case are that on 15.12.2008, Deepak Nain, Hardeep Singh and some other students were boarded the three wheeler, being driven by Deep Chand (since deceased), for going to village Golpura Engineer College, from Barwala. Near MLB electric Brick Kiln of village Mouli, one truck bearing registration No.HP-12C-6931, being driven by Khem Chand, in a rash and negligent manner, collided with the said three wheeler. In the said accident, the driver of the three wheeler as well as all the four occupants, who were students, died. The dependents of the deceased filed separate the claim petitions, which were consolidated and decided by a common award dated 25.8.2010. The present appeal has been filed in MACT case No. 72 of 2009, filed by Surinder Singh and another on account of death of their son Deepan Nain. The learned Tribunal allowed the said claim petition and awarded a sum of Rs. 9,10,000/- and ordered to be paid by the Insurance Company, driver and owner of the offending truck.
(3.) The Insurance Company by filing FAO No.7352 of 2010, challenged the impugned award on the quantum of compensation. Learned counsel appearing for the Insurance Company asserted that the income of the deceased assessed by the learned Tribunal is on the higher side. He further states that the deceased had not been earning anything. There is no objective basis for arriving of the income of the deceased. On the other hand, the learned counsel appearing for the claimants, has stated that the deceased was doing a student of Civil Engineering (Diploma) at Swami Devi Dayal, Engineer College, Gollpura (Panchkula). He was in the 2nd year of the diploma course. He was the only son of his parents. Moreover, the amount under the conventional heads is on the lower side.;