Satwati And ANR. v. Rafiq And ORS.

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: 27.11.2019 Satwati and another ..... Appellants

Versus

Rafiq and others ..... Respondents

CORAM:

HON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: Mr. BS Tewatia, Advocate for the appellants. Ms. Vandana Malhotra, Advocate for respondent No.3. Respondent No. 1 already proceeded ex parte vide order dated 16.09.2019, whereas respondent No. 2 was proceed ex parte vide order dated 18.05.218 RAMENDRA JAIN, J. (ORAL) Through this appeal, the appellant-claimants have sought enhancement of compensation, modifying impugned Award dated 08.04.2015 of the Motor Accident Claims Tribunal, Faridabad (for short 'the Tribunal').

Briefly, appellant-claimants filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, on account of death of their minor son-Sagar on 11.06.2013, aged around 17 years and a student of 12th standard, in a motor vehicular accident caused by respondent No. 1Rafiq, while driving truck bearing registration No. HR-55-M-6597, owned by respondent No. 2-Akhtar Ali and insured with respondent No. 3 in a rash and negligent manner.

-2After holding trial, learned Tribunal awarded a sum of `3,20,000/- as compensation to appellant-claimants vide Award impugned herein.

Relying upon a judgment of this Court passed in FAO-93792014 dated 26.07.2018, Shanta Devi and another Vs. Yad Ram and others, learned counsel for appellant-claimants submits that a co-ordinate Bench of this Court, has awarded a sum of `7,25,520/- as compensation to the parents of deceased. He also furnished calculations 'Mark-A' along with copy of said judgment. He prays that the appellant-claimants may also be awarded same compensation treating them on the same parity. Learned counsel for respondent No. 3-Insurance Company has not been able to controvert the submission of learned counsel for the appellant-claimants 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 `4,05,520/- more over and above the amount of `3,20,000/-, 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 upto-date interest @ 7.5% per annum from the date of filing of claim petition till realization, for onward disbursement to the appellantclaimants, in proportion so arrived at by it, in accordance with law against proper receipt and identification.

Non-deposit of aforesaid enhanced amount of compensation

-3within the stipulated period would entail interest @ 15% per annum, with quarterly rests, after one month.

Since, recovery rights have been given to respondent No. 3Insurance Company against respondents No. 1 and 2 by the Tribunal, who have got themselves proceeded ex parte, therefore, respondent No. 3-Insurance Company is held entitled to recover the paid amount from respondents No. 1 and 2, in accordance with law. Disposed of.

November 27, 2019 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No