Shri Ram General Insurance Company Limited v. Sakshi And Others

FAO-5465-2019 (O&M) -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH FAO-5465-2019 (O&M) Date of decision: 17.12.2019 Shri Ram General Insurance Company Ltd.

..... Appellant

Versus

Sakshi and others ..... Respondents

CORAM:

HON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: Mr. Rajbir Singh, Advocate for the appellant. Mr. Sanjiv Patiyal, Advocate for respondent No. 1. Service of respondent No. 1 already dispensed with vide order dated 31.10.2019.

RAMENDRA JAIN, J. (ORAL) Through this appeal, appellant-Insurance Company has sought reduction of compensation to the tune of `5,58,895/- awarded to respondent No. 1-claimant-Sakshi, vide impugned Award dated 18.03.2019 of the Motor Accident Claims Tribunal, Karnal (for short-'the Tribunal').

Learned counsel for the appellant-Insurance Company inter alia contends that learned Tribunal has illegally taken into consideration the advance payments made by respondent No. 1-injured to the hospital from where she got treatment, which were reflected in the final bills and wrongly awarded a sum of `1,90,000/- in excess and the same is liable to be reduced from the medical expenses, inasmuch as, the medical bills have erroneously counted twice.

RISHU KATARIA 2019.12.21 15:24 I attest to the accuracy and integrity of this document

FAO-5465-2019 (O&M) -2Learned counsel for respondent No. 1 fairly admitted the above contention of learned counsel for the appellant. As per calculation furnished by learned counsel for the appellant-Insurance, which is taken on record Mark 'A', duly signed by him as well as learned counsel for respondent No. 1, the total amount of compensation payable to respondent-claimant is `3,68,895/- (`5,58,895 - `1,90,000). Resultantly, respondent No. 1-claimant is held entitled to compensation for `3,68,895/-, instead of `5,58,895/- as awarded by the Tribunal vide impugned Award.

Appellant-Insurance Company, shall deposit the aforesaid amount, if any, before the learned Tribunal along with up-to-date interest as directed by the Tribunal, from the date of filing of claim petition till realization less already deposited/paid, which shall be disbursed to respondent No. 1-claimant, in accordance with law against proper receipt and identification.

In case, total excess amount has already been paid to respondent No. 1-claimant, the same shall be refunded by her within one month from today along with proportionate interest equivalent to awarded by the Tribunal to her.

December 17, 2019 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No RISHU KATARIA 2019.12.21 15:24 I attest to the accuracy and integrity of this document