Charanjit Kaur And ORS. v. Taranjit Singh And ORS.

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.104+261 FAO-5107-2015 (O&M) Date of Decision: 15.11.2022 CHARANJIT KAUR AND OTHERS ....Appellants

Versus

TARANJIT SINGH AND OTHERS ..... Respondents

CORAM:

HON'BLE MRS JUSTICE ARCHANA PURI Present:- Mr. Nitesh Singhi, Advocate for the appellants. Mr. H.S.Jugait, Advocate for respondent No.1. Ms. Geeta Gulati, Advocate for respondent No.2-Insurance Company.

***** ARCHANA PURI, J Present appeal had been filed for enhancement of the amount of compensation granted vide Award dated 18.11.2014. On the last date, learned counsel for respondent-Insurance company submitted that they are ready to pay a sum of Rs.3,50,000/-, over and above the awarded amount. However, out of court settlement had reached between the parties and the respondent-Insurance company had agreed to pay a sum of Rs.7,50,000/- over and above the awarded amount and even the claimants have agreed to receive the said amount. Copy of statements made by Sh. Saurav Khullar, representative of the Insurance Company as well as learned counsel for the appellant have been placed on record.

In the light of the same, the present appeal is hereby accepted and the compensation already granted, which was to the extent of Rs.6,55,400/-, is further enhanced to Rs.7,50,000/-, over and above the awarded amount, as agreed by the parties.

FAO-5107-2015 (O&M) -2SONU 2022.11.15 14:50 I attest to the accuracy and authenticity of this document

Perusal of the award dated 18.11.2014 reveals about the amount to have been proportioned to the extent of 40% to Charanjit Kaur, who is widow of the deceased, 25% each to Jaswinder Singh and Gurwinder Singh, who are the sons of the deceased and 5% to Gurdev Singh and Saraj Kaur each, who are the parents of the deceased. The enhanced amount of Rs.7,50,000/- shall be proportioned between the claimants on the same terms of percentage, as observed in the Award dated 18.11.2014. The enhanced amount shall be paid by the Insurance company within a period of two months' from today onwards, failing which they shall be liable to pay interest at the rate of 7% per annum, from the date of filing of the present appeal, till its realization. Accordingly, the present appeal stands disposed of. (ARCHANA PURI) 15.11.2022 JUDGE Sonu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No SONU 2022.11.15 14:50 I attest to the accuracy and authenticity of this document