National Insurance Co. Ltd. v. Shaweta Sandhu And ORS.

-1FAO No.4152 of 2016 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH FAO No.4152 of 2016 (O&M) Date of decision: 23.10.2019 National Insurance Co. Ltd.

.......Appellant versus Shaweta Sandhu and others ......Respondents CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - Mr. Paul S. Saini, Advocate, for the appellant. Mr. Rajesh Dhiman, Advocate, for respondents No.1 to 6. RAMENDRA JAIN, J. (ORAL) Through this appeal, Insurance Company has laid challenge to award dated 08.04.2016 of the Motor Accident Claims Tribunal, Karnal (in short the 'Tribunal'), awarding compensation of `20,43,000/- along with interest @ 9% per annum from the date of filing claim petition till realization, on account of death of Bharat Sandhu, father of respondents No.1 to 3, husband of respondent No.4 and son of respondents No.5 and 6, in a motor vehicular accident.

Producing calculation, which is taken on record as Mark-'A', learned counsel for the appellant-Insurance Company submits that the Tribunal has awarded compensation in excess to the entitlement of respondents No.1 to 6 - claimant. Claimants were entitled to compensation of only `6,14,000/-, but, the Tribunal has awarded `14,29,000/- in excess to them.

The calculation has been accepted and counter-signed by RAVINDER SINGH 2019.11.01 15:07 I attest to the accuracy and integrity of this document

-2FAO No.4152 of 2016 (O&M) learned counsel for respondents No.1 to 6 - claimant. In view of above, impugned award is modified. Compensation from `20,43,000/- payable to respondents No.1 to 6 - claimant is reduced to `6,14,000/- along with interest @ 7.5% per annum from the date of filing claim petition till realization. Recovery rights of the appellant-Insurance Company are kept intact. The Tribunal, on approach by appellant-Insurance Company, would recover the aforesaid excess amount from respondents No.1 to 6-claimant and reimburse the same to the Insurance Company. Disposed of.

(Ramendra Jain) Judge October 23, 2019 R.S.

Whether speaking/reasoned Yes/No Whether reportable Yes/No RAVINDER SINGH 2019.11.01 15:07 I attest to the accuracy and integrity of this document