High Court of Punjab and HaryanaFAO/4857/2011disposed of

Rekha Soni & ORS. v. Kewal Sharma & ORS.

2018-04-25Mrs Justice Daya Chaudhary2 pages

-1FAO No.4857 of 2011

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH FAO No.4857 of 2011 Date of decision: 25.04.2018 Smt. Rekha Soni and others .......Appellants versus Kewal Sharma and others ......Respondents CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - Mr. Anshumaan Dalal, Advocate, for the appellants. Mr. Sandeep Suri, Advocate, for respondent No.3. RAMENDRA JAIN, J. (ORAL) Prayer through instant appeal has been made for enhancement of amount of compensation awarded to appellant-claimants by the Motor Accident Claims Tribunal, Bhiwani, vide award dated 12.02.2011. 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) in Court. The same is taken on record as Mark 'A'. As per calculations, appellants are entitled to compensation of `3,66,000/- over and above the compensation already awarded by the Tribunal, which is not refuted by learned counsel for the Insurance Company.

Consequently, appellants are awarded enhanced compensation Ravinder Singh 2018.04.27 15:44 I attest to the accuracy and authenticity of this document of `3,66,000/- over and above the amount of compensation already granted

-2FAO No.4857 of 2011 to them by the Tribunal along with interest @ 7.5% 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 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 April 25, 2018 R.S.

Whether speaking/reasoned Yes/No Whether reportable Yes/No Ravinder Singh 2018.04.27 15:44 I attest to the accuracy and authenticity of this document