Kirpal Kaur And ANR v. Jaswant Singh And ORS

FAO No.1558 of 2001 (O&M) --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH FAO No.1558 of 2001 (O&M) Date of decision:-22.10.2018 KIRPAL KAUR AND ANOTHER ....APPELLANTS...

V.

JASWANT SINGH AND OTHERS ....RESPONDENTS...

CORAM: HON'BLE MR. JUSTICE AJAY TEWARI

Present:

Mr. A.K. Jain, Advocate, for the appellants.

Mr. Parunjeet Singh, Advocate, for respondent No.1.

Mr. Deepal Suri, Advocate and Mr. Neeraj Khanna, Advocate, for the respondent-Insurance Company.

**** AJAY TEWARI, J. (ORAL) This appeal has been filed for enhancement against the award dated 01.03.2001 passed by Motor Accident Claims Tribunal, Ambala whereby a sum of Rs.2,64,000/- has been awarded for the death of Harbans Singh. Since, very limited points have been raised further detailed reference of the facts would not be required. Counsel for the appellant has argued that future prospects have not been awarded.

As per the judgment of Constitution Bench of Hon'ble the Supreme Court in "National Insurance Co. Ltd. v. Pranay Sethi and ors." 2017 (4) RCR (Civil) 1009, 10% is awarded as future prospect. It has further argued that nothing has been awarded under the SONIKA 2018.11.20 16:50 I attest to the accuracy and authenticity of this document Chandigarh

FAO No.1558 of 2001 (O&M) --2-- conventional heads. In view of judgment of Pranay Sethi's case (supra), I award Rs.70,000/-. Counsel for the respondent-insurance company is not in position to deny. Rest of award shall remain same. Appeal is allowed in the above terms.

22.10.2018 (AJAY TEWARI) sonika JUDGE whether speaking/reasoned:

Yes whether reportable:

No SONIKA 2018.11.20 16:50 I attest to the accuracy and authenticity of this document Chandigarh