National Insurance Co. Ltd v. Jaswinder Kaur And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH FAO No.539 of 2013 (O&M) and XOBJC-61-CII-2013 & CM-15617-CII-2013 Date of decision: s07.01.2022 National Insurance Company Ltd.

...Appellant

Versus

Jaswinder Kaur and others

...Respondents

CORAM : HON'BLE MR. JUSTICE ARUN MONGA Present :

Mr. Paul S. Saini, Advocate, for the appellant-Insurance Company.

Mr. Munish Gupta, Advocate, for respondents No.1 and 2/cross-objectors/claimants. (Presence marked through video conference).

ARUN MONGA, J. (ORAL) CM-15617-CII-2013 in XOBJC-61-CII-2013 This is an application for condonation the delay of 52 days in refiling the cross-objections. For the reasons stated in the application, the same is allowed. Delay stands condoned.

Main case& XOBC-61-CII-2013 Aggrieved with the award dated 05.11.2012 rendered by Motor Accidents Claims Tribunal, (Adhoc) Fast Track Court, Hoshiarpur, Insurance Company has preferred the instant appeal. The claimants have also filed cross-objections for enhancement of compensation. 2.

Learned counsel for the appellant-Insurance Company submits that it is a case of contributory negligence on the part of the driver of the motor cycle as also the driver of the Tempo Traveller. However, the learned Tribunal completely ignored the factual position duly established on record

and held that the driver of the tempo traveller was solely responsible for causing the alleged accident.

3.

On the other hand, learned counsel for the claimants/cross objectors submits that the cross-objections have been filed within limitation. 4.

Since the issue of contributory negligence has already been dealt with in FAO No. 2218 of 2012 decidedon 01.09.2021 titled as "Sona Devi and others Vs. Ramesh Kumar and others", the present appeal is dismissed in terms of order dated 01.09.2021 passed in FAO No. 2218 of 2012, ibid.

5.

With regard to quantum of compensation, having addressed the rival contentions for some time, both thelearned counsels are now ad idem that the award underchallenge be modified in view of the judgment rendered by Apex Court in case titled as "National Insurance Company Limited Vs. Pranay Sethi 2017 (4) PLR 693, SC" as below:

Deceased Gurinder Pal Singh Date of accident/death 17.09.2011 Age 18 years Income of the deceased Rs. 3,000/- Future Prospects 40% Rs. 1,200/- Total Monthly income Rs.4,200/- Deduction for personal expenses 50% Rs. 2,100/- Multiplier Dependency 2,100X12X18=4,53,600/- Loss of Estate Rs.15,000/- Funeral expenses and Trans.

Rs.15,000/- Total compensation Rs. 4, 83,600/- Amount awarded by the Tribunal Rs.4,50,000/- Enhanced amount to be paid Rs.33,600/- In the premise, on the joint consent of learnedcounsels, the impugned award is modified to that extent as computed aforesaid.

7.

Accordingly, remittance be made in terms of the above computation. After adjustment of amount, if any already paid, balance of enhanced amount be remitted within 30 days from today. 8.

Main appeal and cross objections are disposed of in above terms.

9.

Pending application, if any, shall also stand disposed of. (ARUN MONGA) 07.01.2022 JUDGE Vandana/vs Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No