High Court of Punjab and HaryanaFAO/5625/2011disposed of

Nirmal Kaur & ORS. v. Sukhwinder Singh @ Sukha & ANR.

2018-05-03Mrs Justice Daya Chaudhary2 pages

-1FAO No.5625 of 2011

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH FAO No.5625 of 2011 Date of decision: 03.05.2018 Nirmal Kaur and others .......Appellants versus Sukhwinder Singh @ Sukha and others ......Respondents CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - Mr. Bhim Singh, 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, Panchkula, vide award dated 07.05.2011. 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 appellant has produced the calculation sheet in accordance with Pranay Sethi's case (supra) in Court. The same is taken on record as Annexure 'A'. As per calculations, compensation payable to the appellants comes to `11,90,000/-. Learned Tribunal has already awarded compensation of `9,16,000/-. Thus, appellants are entitled to enhanced compensation of `2,74,000/- over and above the compensation already awarded by learned Tribunal. Learned counsel for Insurance Ravinder Singh 2018.05.04 11:37 I attest to the accuracy and authenticity of this document Company has not been able to controvert or point out any infirmity in the

-2FAO No.5625 of 2011 above calculations furnished by learned counsel for the appellants. Consequently, appellants are awarded enhanced compensation of `2,74,000/- over and above the amount of compensation already granted to them by learned 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 learned 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) May 03, 2018 Judge R.S.

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

Ravinder Singh 2018.05.04 11:37 I attest to the accuracy and authenticity of this document