SANJIDA AND ORS. Vs. SANJAY KUMAR AND ORS.
LAWS(P&H)-2016-1-32
HIGH COURT OF PUNJAB AND HARYANA
Decided on January 11,2016

Sanjida And Ors. Appellant
VERSUS
Sanjay Kumar And Ors. Respondents

JUDGEMENT

- (1.) Cm No. 27760 CII of 2011 For the reasons stated in the application, delay in filing the appeal is condoned. Main case I Subject matter in appeals 1. Both the appeals are connected and relate to the same accident that has taken place on 4.7.2008. FAO No. 6803 of 2011 is a claim relating to a person aged 52 years of age, who has left behind his widow, four minor sons, three major sons and three minor daughters to survive him. The Tribunal has assessed the income of the deceased at Rs. 3,000/- and awarded Rs. 3,36,800/- as compensation payable against respondents No. 1 and 2. The claimants themselves did not disclose the name of the insurer and stated that the details will be given by respondents No. 1 and 2, who were the driver and the owner. Respondents No. 1 and 2, however, did not disclose any name and contended that the vehicle was not insured.
(2.) In FAO No. 6804 of 2011 the deceased was 42 years of age and the claimants were the widow, two minor sons and four minor daughters. The Tribunal had determined compensation, taking the income to be Rs. 3,000/- and awarded Rs. 4,03,200/-. II Contentions on behalf of respective appellants
(3.) The appellants would argue that there ought to be prospect of increase for a person of 52 years of age and also higher sum of compensation for loss of consortium and love and affection at Rs. 1 lakh each for the wife and for each of the children. There ought to be a provision made for loss of expectation of life of the deceased and Rs. 1 lakh towards loss of estate. The same argument is repeated also for the claimants which are subject of appeal in FAO No.6804 of 2011. III Mode of computation for personal consumption when family is large.;


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