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2022 Supreme(SC) 1775

SURYA KANT, J. B. PARDIWALA
Himmat Kaur – Appellant
Versus
National Insurance Company Limited – Respondent


Advocates Appeared:
Mr. Karan Kapoor, Advocate, Mr. Manik Kapoor, Advocate, Mr. Shashank S. Jha, Advocate, Mr. Mohit Rawat, Advocate, Mr. Shubham Bhalla, Advocate, for the Appellant; Mr. K.K. Bhat, Advocate, Mr. Ranjan Kumar Pandey, Advocate, for the Respondent.

ORDER

1. Leave granted.

2. The instant Appeal is directed against the Judgment dated 18-9-2019 passed by the High Court of Punjab and Haryana at Chandigarh, whereby the compensation under the Motor Vehicles Act awarded by the Motor Accident Claims Tribunal, Patiala to the tune of Rs.13,77,000/- has been reduced to Rs.6,14,320/-.

3. The appellants are the widow, widowed mother and three minor children of deceased Sanjiv Virinder Singh, who died in a motor vehicular accident. The deceased was less than 40 years of age. Being fully aware of the minimum wages prevalent in the State of Punjab, coupled with the earning capacity of the deceased, the Tribunal assessed the income of the deceased at the rate of Rs.8,000/- per month and consequently awarded the above-mentioned amount of compensation.

4. The High Court, on the other hand, proceeded on the premise that the deceased was an agriculturist and one of the co-owners in the agricultural land and even after his death, the agricultural land can be managed by the family of the deceased. On this analogy, the High Court reduced the income of the deceased to Rs.2,700/- per month.

5. Having heard learned counsel appearing for the parties at a con

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