High Court of Punjab and HaryanaFAO/13/2013disposed of

Santosh And ORS v. Ishwar And ORS

2018-02-20Mrs Justice Daya Chaudhary2 pages

-1FAO No.13 of 2013

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH FAO No.13 of 2013 Date of decision: 20.02.2018 Smt. Santosh and others .......Appellants versus Ishwar and others ......Respondents CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - Mr. Chander Shekhar Singhal, Advocate, for the appellants. Mr. R.S. Bajiyan, Advocate, for respondent No.1. Mr. R.C. Kapoor, Advocate, for respondent No.3. RAMENDRA JAIN, J. (ORAL) This is an appeal against the award dated 31.07.2012 of the Motor Accident Claims Tribunal, Ambala (hereinafter referred to as the 'Tribunal') whereby appellants have been awarded compensation of ` 6,10,000/- along with interest @ 7.5% per annum from the date of filing of the claim petition till actual realization.

Learned counsel for both the sides jointly stated at bar that according to the judgment of the Hon'ble Supreme Court in National Insurance Co. Ltd. Vs. Pranay Sethi and others, 2017(4) RCR (Civil) 1009, compensation payable to the appellants comes to ` 9,10,000/-, out of which ` 6,10,000/- have already been paid. Thus, remaining compensation payable to the appellants is ` 3,00,000/- only. Since both the parties are ad idem on the aforesaid enhanced compensation of ` 3,00,000/-, therefore, this appeal is disposed of with a direction to respondent No.3 - Insurance Company to make payment of the Ravinder Singh 2018.02.22 10:50 I attest to the accuracy and authenticity of this document

-2FAO No.13 of 2013 aforesaid enhanced amount of compensation of ` 3,00,000/- within a month to the appellants in proportion as mentioned by the Tribunal along with interest @ 7.5% per annum from the date of claim petition till realization. Since Insurance Company has been given recovery rights to recover the compensation amount from respondents No.1 and 2 by the Tribunal, therefore, the said finding of the Tribunal is maintained. Disposed of accordingly.

(Ramendra Jain) February 20, 2018 Judge R.S.

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

Ravinder Singh 2018.02.22 10:50 I attest to the accuracy and authenticity of this document