Rajinder v. Girdhari Lal & ORS

-1FAO No.5234 of 2014

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH FAO No.5234 of 2014 Date of decision: 28.05.2018 Rajinder .......Appellant versus Girdhari Lal and others ......Respondents CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - Mr. Sumit Gupta, Advocate, for the appellant. Mr. J.S. Bedi, Addl. A.G., Haryana.

Mr. Navin Kapur, Advocate, for the Insurance Company. RAMENDRA JAIN, J. (ORAL) Prayer through instant appeal has been made for enhancement of compensation under the conventional heads, modifying the award dated 30.09.2013 of the Motor Accident Claims Tribunal, Jhajjar. Both the parties are ad idem that this appeal has to be decided in accordance with the judgment of the Hon'ble Supreme Court in National Insurance Company Limited v. Pranay Sethi and others, 2017(4) R.C.R. (Civil) 1009.

According to learned counsel for the appellant a total sum of `30,000/- was required to be paid under the conventional head of funeral expenses and loss of estate, whereas learned Tribunal has granted only `25,000/- under the said heads. Learned counsel for the Insurance Company has no objection in case appellant is granted aforesaid enhanced amount.

Ravinder Singh 2018.05.30 10:57 I attest to the accuracy and authenticity of this document Consequently, appellant is awarded `5,000/- towards funeral

-2FAO No.5234 of 2014 expenses and loss of estate over and above the amount of `25,000/- already granted to him by the Tribunal along with interest @ 7.5% per annum from the date of institution of claim petition till realization. Insurance Company is directed to deposit the amount aforesaid within one months from today before the Tribunal for onward disbursement of the same to the appellant in accordance with law against proper receipt and identification. Disposed of.

(Ramendra Jain) Judge May 28, 2018 R.S.

Whether speaking/reasoned Yes/No Whether reportable Yes/No Ravinder Singh 2018.05.30 10:57 I attest to the accuracy and authenticity of this document