Mohit And ORS v. Naresh @ Boliya And ORS

-1FAO No.3286 of 2016

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH FAO No.3286 of 2016 Date of decision: 26.09.2019 Mohit Kharb and others .......Appellants versus Naresh @ Boliya and another ......Respondents CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - Mr. Surinder Gandhi, Advocate, for the appellants. Mr. Sanjeev Kodan, Advocate, for respondent No.2. RAMENDRA JAIN, J. (ORAL) Through this appeal, the appellant-claimants have sought enhancement of compensation, modifying impugned award dated 01.12.2015 of the Motor Accident Claims Tribunal, Hisar (for short 'the Tribunal').

Both the parties are ad idem that this appeal has to be decided in accordance with the principles laid down in National Insurance Company Ltd. Vs. Pranay Sethi and others, 2017 (4) RCR (Civil) 1009.

As per calculation furnished by learned counsel for respondent No.2 - Insurance Company, which is taken on record Mark 'A', the total amount of compensation payable to appellant-claimants, according to Pranay Sethi's case (supra), comes to `11,10,000/- less `9,60,000/-, already awarded by the learned Tribunal. Meaning thereby, RAVINDER SINGH 2019.09.27 14:11 I attest to the accuracy and integrity of this document

-2FAO No.3286 of 2016 the appellant-claimants are entitled to `1,50,000/- more over and above the compensation awarded by the learned Tribunal. Learned counsel for the appellant-claimants 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 appellant-claimants are held entitled to compensation of `1,50,000/- more over and above the amount of `9,60,000/- already awarded by the learned Tribunal, vide Award impugned herein. Respondent No.2-Insurance Company, through its counsel is directed to deposit the aforesaid enhanced amount of compensation before the learned Tribunal within one month from today, along with up-to-date interest @ 7.5% per annum from the date of filing of claim petition till realization, for onward disbursement to the appellant-claimants, in proportion so arrived at by it, in accordance with law against proper receipt and identification. In case aforesaid enhanced amount is not deposited within stipulated time, Insurance Company would be liable to pay the same with interest @15% per annum from the date of institution of claim petition till realization.

Disposed of .

September 26, 2019 (Ramendra Jain) R.S.

Judge Whether speaking/reasoned Yes/No Whether reportable Yes/No RAVINDER SINGH 2019.09.27 14:11 I attest to the accuracy and integrity of this document