High Court of Punjab and HaryanaFAO/4157/2016dismissed

New India Assurance Company Ltd v. Devinder Kaur And ORS

2016-10-27Mr. Justice Dr. Bharat Bhushan Parsoon2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH FAO-4157-2016 (O & M) Date of decision: 27.10.2016 New India Assurance Co.

....Appellant V/s Devinder Kaur and ors.

...Respondent(s)

CORAM:

HON'BLE MR. JUSTICE RAJAN GUPTA

Present:

Mr. R.C. Gupta, Advocate, for the appellant.

**** Rajan Gupta, J. (Oral) Present appeal is directed against the award passed by the MACT, SAS Nagar, Mohali, whereby a compensation of ` 7,38,000/- alongwith interest has been granted to claimant-respondents. Accident, in question, took place on March 14, 2014. Deceased was on a motor-cycle when the offending vehicle bearing PB-10-BS-0493 (makes Scorpio) struck against the motor-cycle. As a result, deceased-Bant Singh sustained injures but succumbed to same in the hospital. Claim petition was preferred by his widow and two sons. During the pendency of the claim petition, both sons of the deceased died. Their LRs were brought on record. Challenge of the Insurance company is primarily on the ground that the income of the deceased has been wrongly calculated and incorrect multiplier has been applied.

Admittedly, deceased was a retired Beldar from PWD, B & R, and was getting a pension of ` 7440/-. Tribunal presumed that even after Sukhpreet Kaur 2016.10.27 16:24 I attest to the accuracy and integrity of this document

FAO-4157-2016 (O & M) ::2::

retirement, the Beldar may be earning about ` 6,000/- per month by working as a labourer.

I find no infirmity with this finding. Having a large family, and the deceased being about 65 years of age could be earning that much amount. The plea regarding multiplier being on the higher side is hyper-technical in nature. In any case, amount awarded by the Tribunal is ` 7,38,000/- only for the widow and grand children of the deceased. Under these circumstances, no ground to interfere in the appellate jurisdiction of this court is made out.

Dismissed.

(RAJAN GUPTA) October 27, 2016 JUDGE sukhpreet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Sukhpreet Kaur 2016.10.27 16:24 I attest to the accuracy and integrity of this document