Kiran Sharma v. Jagdish Singh & ORS

FAO-5139-2014 (O&M) -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH FAO-5139-2014 (O&M) Date of decision: 21.05.2018 Kiran Sharma ..... Appellant

Versus

Jagdish Singh and others ..... Respondents

CORAM:

HON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: Mr. Manjeet Singh, Advocate for Mr. Sanjiv Gupta, Advocate for the appellant. Mr. Pardeep Goyal, Advocate for respondent No. 3-Insurance Company.

RAMENDRA JAIN, J. (ORAL) Through this appeal, the claimants have claimed enhancement of compensation, modifying the impugned Award dated 24.01.2014 of the Motor Accident Claims Tribunal, Patiala (for short-'the Tribunal'). Both the sides are ad idem that this appeal has to be decided in accordance to the principles laid down in National Insurance Company Ltd. Vs. Pranay Sethi and others, 2017 (4) RCR (Civil) 1009. As per calculations 'Mark-A' furnished by learned counsel for the claimant-appellant, the total amount of compensation payable to claimant-appellant, according to Pranay Sethi's case (supra), comes to `8,26,000/- less `4,65,000/- (wrongly mentioned as `4,50,000/- in the impugned Award) already awarded by the learned Tribunal. Meaning thereby, the claimant-appellants are entitled to `3,21,000/- over and above Rishu Kataria 2018.05.22 10:55 I attest to the accuracy and authenticity of this document the compensation awarded by the learned Tribunal.

FAO-5139-2014 (O&M) -2Learned counsel for respondent No. 3-Insurance Company has not been able to controvert or point out any infirmity in the above calculations (Mark-A). Hence, the same is accepted. In view of the above, the claimant-appellants are held entitled to compensation of `3,21,000/- over and above the amount of `4,65,000/- already awarded by the learned Tribunal, vide Award impugned herein. Respondent No. 3-Insurance Company, through its counsel is directed to deposit the aforesaid enhanced amount of compensation before the learned Tribunal within two months from today, along with up-to-date interest @ 7% per annum from the date of filing of claim petition till realization, for onward disbursement to the claimant-appellants, in proportion so arrived at by it, in accordance with law against proper receipt and identification. It is, however, made clear that non-deposit of enhanced amount of compensation within the stipulated period would entail interest @ 12% per annum with quarterly rests.

The instant appeal stands disposed of, accordingly. May 21, 2018 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No Rishu Kataria 2018.05.22 10:55 I attest to the accuracy and authenticity of this document