Seema Rani And Others v. Kashmir Lal And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH FAO No. 1962 of 2004 (O&M) DATE OF DECISION : 16.03.2021 Seema Rani and others ...Appellants

Versus

Kashmir Lal and others

...Respondents

CORAM : HON'BLE MR. JUSTICE ARUN MONGA Present :

Mr. Sagar Aggarwal, Advocate, for the appellants.

Mr. Ashwani Talwar, Advocate, for the respondent No.3-Insurance Company.

(Presence marked through video conference).

CM-217-CII OF 2021 For the reasons stated in the application, same is allowed. Main case is pre-poned and taken up on Board today itself. MAIN CASE At the oral request of learned counsel for the appellants, service of respondent No.2 is exempted, at this stage. Learned counsel for the parties are ad idem that case of the appellants is squarely covered by judgment rendered by Supreme Court in "National Insurance Company Limited v. Pranay Sethi" 2017 (4) RCR (Civil) 1009 and the calculations as per Annexure A-3 are correct as per ratio laid down in the judgment, ibid.

SHALINI BHATIA 2021.03.31 18:05 I attest to the accuracy and integrity of this document

Accordingly, the Award dated 09.01.2004 is modified to the extent that the above calculations shall be read as part and parcel of the Award and the amount of compensation stands enhanced to Rs.24,41,265/- The same shall be payable with interest @ 7% per annum with effect from 30.11.2002 i. e the date when original claim petition was filed before the Motor Accident Claims Tribunal.

This Court appreciates the fairness and earnest attempts of learned counsel for respondent/Insurance Company who rendered assistance in true letter and spirit to avoid needless litigation. Disposed of in above terms.

MARCH 16, 2021 (ARUN MONGA) Shalini JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SHALINI BHATIA 2021.03.31 18:05 I attest to the accuracy and integrity of this document