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1999 Supreme(P&H) 504

S.S.SUDHALKAR
Amarjit Kaur – Appellant
Versus
State Of Punjab – Respondent


Judgment

S.S.Sudhalkar, J.

1. This is an appeal filed by the claimants for enhancement of the claim granted by the Motor Accident Claims Tribunal, Patiala (hereinafter referred to as the Tribunal). Appellants are wife and minor children of deceased Darshan Singh who died in an accident which took place on 1.10.1991 at about 9.30 p.m. on the Patiala-Pehowa Road. The deceased was going on a motor cycle which struck against the stationary tractor trolley, as a result of which he died on the spot.

2. The deceased was earning Rs. 2,564/- as per his salary certificate and this proof of salary was accepted by the Tribunal. However, the Tribunal also considered the fact that the deceased was a Constable in Police Department and after his death, appellant No. 1 got a job as Lady Constable. She is getting Rs. 2,100/- per month as salary in addition to the family pension of Rs. 900/- per month. Appellant No. 1 also received Rs. 40,000/- by way of gratuity and Rs. 20,000/- as welfare fund and Rs. 22,000/-/23,000/- was lying to the credit of her husband in the G.P.F. account. The Tribunal of course observed that:

"redeeming feature in this case is that job has been given to Smt. Amarjit Kaur-Cla

















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