Balwinder Kaur And ORS v. Gurminder Singh And ORS

-1FAO No.4723 of 2015 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH FAO No.4723 of 2015 (O&M) Date of decision: 22.11.2019 Balwinder Kaur and others .......Appellants versus Gurminder Singh and others ......Respondents CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - Mr. Neeraj Khanna, Advocate, for the appellants. Mr. S.P. Arora, Advocate, and Ms. Neha Sharma, Advocate, for respondent No.3. Mr. Eklavya Kumar Darshi, Advocate, for respondent No.5. RAMENDRA JAIN, J. (ORAL) Through this appeal, the claimants have sought enhancement of compensation, modifying impugned award dated 23.03.2015 of the Motor Accident Claims Tribunal (FTC), Rupnagar (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 the appellant-claimants, 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 `12,04,000/- less `8,70,000/-, already awarded by the learned Tribunal. Meaning thereby, the appellantRAVINDER SINGH 2019.11.25 16:48 I attest to the accuracy and integrity of this document

-2FAO No.4723 of 2015 (O&M) claimants are entitled to `3,34,000/- 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 appellant-claimants are held entitled to compensation of `3,34,000/- more, over and above the amount of `8,70,000/- 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 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 expiry of one month. Disposed of .

November 22, 2019 (Ramendra Jain) R.S.

Judge Whether speaking/reasoned Yes/No Whether reportable Yes/No RAVINDER SINGH 2019.11.25 16:48 I attest to the accuracy and integrity of this document