PINKI AND OTHERS Vs. SURESH PAL AND OTHERS
LAWS(P&H)-2016-8-363
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 01,2016

Pinki And Others Appellant
VERSUS
Suresh Pal And Others Respondents

JUDGEMENT

- (1.) Cm-21202-Cii-2013 There is delay of 28 days in filing the present appeal. The appellants have filed an application under Section 5 of the Limitation Act read with Section 151 of the Code of Civil Procedure, 1908 (for short the "CPC") for condonation of delay. Heard on the application. In view of the reasons mentioned in the application, same is allowed and the delay of 28 days in filing the present appeal is hereby condoned. CM-21203-CII-2013 There is delay of 402 days in re-filing the present appeal. The appellants have filed an application under Rule 5(1) Chapter-1 Part-A Vol. (5) of the High Court Rules and Orders read with Section 151 of the Code of Civil Procedure, 1908 for condonation of delay. Heard on the application. In view of the reasons mentioned in the application, same is allowed and the delay of 402 days in re-filing the present appeal is hereby condoned. FAO No.4997 of 2013 The present appeal has been preferred against the award dated 25.02.2012 passed by the learned Motor Accidents Claims Tribunal, Hisar (hereinafter called the "Tribunal") vide which the appellants-claimants have been awarded compensation to the tune of Rs.7,85,000/- on account of death of Sajjan Kumar in the motor vehicular accident which took place on 27.12.2010.
(2.) The present appeal has been preferred by the appellantsclaimants for enhancement of the amount of compensation.
(3.) Learned counsel for the appellant-claimants contended that the deceased was a young man of 25 years of age. The learned Tribunal has determined the income of the deceased to be Rs.5000/- but no future prospects were awarded towards the income of the deceased. Very less amount has been awarded to his widow towards loss of consortium and no amount has been awarded to the children towards loss of love and affection. The amount awarded for funeral expenses is also inadequate. Thus, he pleaded that just compensation has not been awarded to the appellantsclaimants.;


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