- (1.) THIS appeal has been filed by the claimant for the enhancement of compensation and to modify the award dated 07.05.2005 whereby three claim petitions were decided on account of death of her parents, Surinder Singh (aged 48 years) and Kawaljit Kaur (aged 45 years) and on account of injuries suffered by the appellant herself in a motor vehicle accident. In the case of the deceased -father, the Tribunal while taking the annual income of Rs.1,17,945/ - p.a. assessed the dependency at Rs.23,589/ - p.a. while applying the unit formula and applied the multiplier of 11. The Tribunal further awarded Rs.2000/ - for funeral expenses and awarded total compensation of Rs.2,62,000/ -.
(2.) IN the case of the deceased -mother, the Tribunal while taking the annual income of Rs.3000/ - p.m. assessed the dependency at Rs.600/ - p.m. while applying the unit formula and applied the multiplier of 11. The Tribunal further awarded Rs.2000/ - for funeral expenses and awarded total compensation of Rs.81,200/ -.
(3.) IN the case of the appellant -claimant herself, the Tribunal awarded total compensation of Rs.75,000/ - i.e. Rs.45,000/ - for medical expenses, Rs.10,000/ - for pain and suffering and Rs.20,000/ - for future prospects. At the very outset, learned counsel for the respondent No.3 - insurance company has argued that for three claim petitions one consolidated appeal cannot be filed and has placed reliance on Order 41 Rule 1 C.P.C. and has further placed reliance on the judgment of Jammu and Kashmir High Court titled as Union of India v. Arjana Kumari, 2010 ACJ 621. Order 41 Rule 1 C.P.C. is to the following effect: - "1. Form of appeal What to accompany memorandum (1) Every appeal shall be preferred in the form of a memorandum signed by the appellant or his pleader and presented to the Court or to such officer as it appoints in this behalf. The memorandum shall be accompanied by a copy of the judgment: Provided that where two or more suits have been tried together and a common judgment has been delivered therefor and two or more appeals are filed against any decree covered by that judgment, whether by the same appellant or by different appellants, the Appellate Court may dispense with the filing of more than one copy of the judgment." As per the learned counsel for the respondent No.3, a perusal of the above said rule reveals that against every judgment, award or order an independent appeal has to be filed and the only limited benefit given is that if two -three cases are decided by the same judgment only one certified copy need to be applied.;