Mahipal And ANR. v. New India Assurance Company Ltd. And ORS.

-1FAO No.6404 of 2010

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH FAO No.6404 of 2010 Date of decision: 04.05.2018 Shri Mahipal Singh and another .......Appellants versus The New India Assurance Company Limited and others ......Respondents CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - Mr. Nitin Jain, Advocate, for the appellants. Mr. D.K. Prajapati, Advocate, for Mr. R.S. Madan, Advocate, for respondent No.1. RAMENDRA JAIN, J. (ORAL) Prayer through instant appeal has been made for enhancement of compensation awarded to appellant-claimants by the Motor Accident Claims Tribunal, Gurgaon, vide award dated 16.03.2009. 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.

Learned counsel for the appellants has produced the calculation sheet in accordance with Pranay Sethi's case (supra). The same is taken on record as Mark 'A'. As per calculations, appellants are entitled to compensation of `1,58,600/- over and above the compensation already awarded by the Tribunal. That apart, appellants are also held entitled to `12,000/- against bills/receipts (Ex.P-7 to P-15), which due to oversight Ravinder Singh 2018.05.08 15:22 I attest to the accuracy and authenticity of this document have been left by the learned Tribunal from adding in the medical expenses.

-2FAO No.6404 of 2010 Learned counsel for the Insurance Company has not been able to controvert or find any fault in the above calculations.

Consequently, appellants are awarded enhanced compensation of `1,70,600/- over and above the amount of compensation already granted to them by the Tribunal along with interest @ 7.5% per annum from the date of institution of claim petition till realization. Respondent No.1 - Insurance Company is directed to deposit the amount aforesaid within two months 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 against proper receipt and identification. Disposed of.

(Ramendra Jain) Judge May 04, 2018 R.S.

Whether speaking/reasoned Yes/No Whether reportable Yes/No Ravinder Singh 2018.05.08 15:22 I attest to the accuracy and authenticity of this document