Jagdish Lal And ORS. v. Dheeraj Puri And ORS.

-1FAO No.2841 of 2009

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH FAO No.2841 of 2009 Date of decision: 05.04.2018 Jagdish Lal and others .......Appellants versus Dheeraj Puri and others ......Respondents CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - Mr. Kamal Chaudhari, Advocate, for Mr. Sanjiv Gupta, Advocate, for the appellants. Ms. Vandana Malhotra, Advocate, for respondent No.3. RAMENDRA JAIN, J. (ORAL) Through this appeal prayer has been made for enhancement of amount of compensation awarded by Motor Accident Claims Tribunal, Karnal (hereinafter referred to as the 'Tribunal') vide award dated 24.01.2009.

Both the parties are ad idem that this appeal has to be decided in accordance with the judgment of the Hon'ble Supreme Court in National Insurance Company Limited v. Pranay Sethi and others, 2017(4) R.C.R. (Civil) 1009.

In compliance of order dated 02.04.2018, calculations have been furnished by learned counsel for the appellants in accordance with Pranay Sethi's case (supra). As per calculations, appellants are entitled to enhanced compensation of `12,79,924/- over and above the compensation already awarded by the Tribunal. Learned counsel for the Insurance Company is not able to refute the same.

Ravinder Singh 2018.04.06 15:12 I attest to the accuracy and authenticity of this document Consequently, appellants are awarded enhanced compensation of

-2FAO No.2841 of 2009 `12,79,924/- over and above the amount of compensation already granted to them by the Tribunal along with interest @ 7% per annum from the date of institution of claim petition till realization. Respondent No.3 - Insurance Company is directed to deposit the amount aforesaid within 11⁄2 month from today before the Tribunal for onward disbursement of the same to the appellants in proportion so arrived at by the Tribunal in accordance with law.

Disposed of.

(Ramendra Jain) April 05, 2018 Judge R.S.

Whether speaking/reasoned Yes/No Whether reportable Yes/No.

Ravinder Singh 2018.04.06 15:12 I attest to the accuracy and authenticity of this document