SUDESH Vs. NARESH KUMAR
LAWS(P&H)-2014-2-580
HIGH COURT OF PUNJAB AND HARYANA
Decided on February 21,2014

SUDESH Appellant
VERSUS
NARESH KUMAR Respondents

JUDGEMENT

- (1.) THIS judgment shall dispose of both the aforementioned appeals. FAO 694 -2011, has been filed by the claimants, whereas FAO -1089 -2011, has been filed by the Insurance Company challenging the impugned award dated 13.9.2010, passed by the learned Motor Accident Claims Tribunal, Jind (in short 'the Tribunal'), vide which, a sum of Rs.5,86,000/ - has been allowed to the claimants, as compensation and the Insurance Company alongwith the driver and owner of the offending vehicle has been held liable to pay the compensation.
(2.) LEARNED counsel for the Insurance Company in FAO - 1089 -2011, submits that the FIR was registered against unknown vehicle and it does not contain the name of the driver also. Thus, the involvement of the vehicle is not proved. No other point is asserted.
(3.) LEARNED counsel for respondent -driver, contends that the driver of the offending vehicle has been falsely implicated in the case to get the compensation. Learned counsel for the claimants submits that the deceased left behind five dependents i.e. widow, two minor sons and old parents. The deduction made by the learned Tribunal is on the higher side. No amount has been awarded towards future prospects, loss of love, care and guidance to the children, loss of love and affection to the mother. He further submits that only a meager amount of Rs.10,000/ - has been awarded towards funeral, transportation and consortium. He prays for enhancement of the compensation.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.