Iffco Tokio General Insurance Co Ltd v. Ram Sudhari Mishra And ORS

FAO-4638-2014 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

FAO No.4638 of 2014 (O&M) Date of Decision: April 11, 2016.

Iffco-Tokio General Insurance Company Ltd.

..........APPELLANT(s).

VERSUS

Smt. Ram Sudhari Mishra and others ........RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Vipul Sharma, Advocate for Mr. Paul S. Saini, Advocate for the appellant (s).

Ms. Amandeep Kaur, Advocate for Mr. Ashwani Arora, Advocate for respondents No.1 and 2.

******* SURINDER GUPTA, J.

Heard.

Learned counsel for insurance company has put forth a short ground while challenging the award that the Tribunal has applied the multiplier while calculating the amount of dependency, as per the age of the deceased. Relying on the observations in case of Sarla Verma and others Vs. Delhi Transport Corporation and Anr. (2009)6 SCC 121, the insurance company-appellant has agitated the point that multiplier was required to be applied as per the age of the claimants.

The matter in issue has already been set at rest in case of Munna Lal Jain and others Vs. Vipin Kumar Sharma and others 2015(3) SACHIN MEHTA 2016.04.22 15:48 I attest to the accuracy and authenticity of this document High Court, Chandigarh

FAO-4638-2014 -2RCR (Civil) 447, wherein it has been observed that the Tribunal while calculating the quantum of compensation, has to apply multiplier as per the age of the deceased and not as per the age of claimants. No other point has been raised.

In view of the above, this appeal has no merits and is dismissed. ( SURINDER GUPTA ) April 11, 2016.

JUDGE Sachin M.

SACHIN MEHTA 2016.04.22 15:48 I attest to the accuracy and authenticity of this document High Court, Chandigarh