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2016 Supreme(P&H) 2296

DARSHAN SINGH
Gurdev Kaur – Appellant
Versus
Jharmal Singh – Respondent


Advocates Appeared:
For the Appellant : Mr. Ashwani Arora.
For the Respondent: Mr. P.K. Chugh and Mr. M.B. Jain.

JUDGMENT :

DARSHAN SINGH, J.

1. The present appeal has been preferred against the award dated 22.11.2013 passed by the learned Motor Accident Claims Tribunal, SAS Nagar Mohali (hereinafter called the “Tribunal”), whereby the appellants have been awarded compensation to the tune of Rs.5,21,544/- as compensation on account of death of Mam Raj in the present motor vehicular accident which took place on 03.08.2011.

2. The present appeal has been preferred by the appellants-claimants for the enhancement of the amount of compensation.

3. I have heard learned counsel for the parties and gone through the record of the case meticulously.

4. Learned counsel for the appellants contended that the deceased has retired from P.G.I. Chandigarh and was getting the pension at the rate of Rs.10,527/- per month. He contended that the learned Tribunal has wrongly taken the income of the deceased to be Rs.5452/- per month after deducting the family pension, which is not permissible under law. He further contended that the learned Tribunal has awarded less amount towards loss of consortium. No amount has been awarded to the children of the deceased towards loss of love and affection. Thus, he contended that j













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