New India Assurance Co. v. Suman And ORS.

F.A.O No. 1250 of 2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O No. 1250 of 2016 Date of decision:- 19.09.2017 The New India Assurance Co. Ltd.

...Appellant

Versus

Smt. Suman & others

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. R.C. Gupta, Advocate for the appellant.

Mr. Sanchit Punia, Advocate for respondent Nos. 5 and 6.

Mr. Harsh Aggarwal, Advocate for respondent No. 7 RITU BAHRI J.

This appeal is by the insurance company disputing the liability foisted upon it by the Motor Accident Claims Tribunal, Jind (for brevity 'the tribunal'), vide its order/award dated 30.10.2015 whereby the appellantCompany (for short 'the appellant') was held liable to make the compensation to the tune of Rs.13,60,000/-.

Learned counsel for the appellant at the very outset argued that the learned Tribunal has fell in error by allowing 50% addition for future prospects to the income of the deceased. Further the learned Tribunal wrongly taken the income of the deceased at Rs.6000/- per month, as the claimants have failed to prove on record with regard to the income of the deceased.

This argument is liable to be dismissed in view of the detailed reasoning given by this Court in a case of Santosh Devi v. Kailash Chand Gaurav Arora 2017.11.27 15:41 I attest to the accuracy and integrity of this document Chandigarh

F.A.O No. 1250 of 2016 -2and others, decided on 14.07.2017 in FAO No. 3743-2016. In view of the above factual position, order/award dated 30.10.2015 passed by the Tribunal does not require any interference by this Court.

The appeal stands dismissed.

19.09.2017 ( RITU BAHRI ) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No Gaurav Arora 2017.11.27 15:41 I attest to the accuracy and integrity of this document Chandigarh