National Insurance Company v. Kulwant Kaur And ORS

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision : 24.09.2019 National Insurance Company .... Appellant

Versus

Kulwant Kaur and others .... Respondents 2.

FAO-3511-2016 (O&M) Kulwant Kaur .... Appellant

Versus

Jarnail Singh and others .... Respondents CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN

Present:

Ms. Madhu Sharma, Advocate for the appellant in FAO-3306-2016 and for respondent No. 3 in FAO-3511-2016.

Mr. Kushagra Mahajan, Advocate for respondent No.1 in FAO-3306-2016 and for the appellant in FAO-3511-2016.

Mr.B.S.Jawal, Advocate for respondents No.2 and 3 in FAO-3306-2016 and for respondents No. 1 and 2 in FAO-3511-2016. **** RAMENDRA JAIN, J. (ORAL) By this common judgment, above titled two appeals, arising out of a common Award of the Motor Accident Claims Tribunal, Amritsar (for short-'the Tribunal), are being disposed of involving similar facts therein.

-2Both the sides 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 calculations 'Mark-A' furnished by learned counsel for the claimant-appellants, the total compensation payable to claimant-appellants, according to Pranay Sethi's case (supra), comes to `8,91,192/- less `8,40,000/- already awarded by the learned Tribunal. Meaning thereby, the claimant-appellants are entitled to `51,192/- more, over and above the compensation awarded by the learned Tribunal.

Learned 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 `51,192/-more over and above the amount of `8,40,000/-/- 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 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 claimant-appellants, in proportion so arrived at by it, in accordance with law against proper

-3receipt and identification.

It is, however, made clear that non-deposit of enhanced amount of compensation within the stipulated period would entail interest @ 15% per annum with quarterly rests from the expiry of one month after passing the date of this order. Both the instant appeal stand disposed of, accordingly. A photocopy of this order be placed on the file of other connected case.

September 18, 2019 ( RAMENDRA JAIN ) anju JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No