High Court of Punjab and HaryanaFAO/4661/2016dismissed

Sunita & ORS v. Bharti Axa General Insurance Co Ltd & ORS

2019-12-09Mrs. Justice Lisa Gill2 pages

FAO No. 4661 of 2016(O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 4661 of 2016(O&M) Date of Decision: December 09 , 2019.

Sunita and others ...... APPELLANT (s)

Versus

Bharti AXA General Insurance Company Ltd. and others ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

None for the appellants.

Mr. Ankur Gupta, Advocate for respondent No.1.

Respondents No.2 and 3 are ex parte.

***** LISA GILL, J.

This appeal has been preferred by the claimants seeking enhancement of compensation awarded to them by the learned Motor Accident Claims Tribunal, Kurukshetra (for short, the 'Tribunal') vide impugned award dated 27.04.2015 on account of death of Subhash Chand in a motor vehicle accident which took place on 14.03.2014. A petition under Section 166 of the Motor Vehicles Act, 1988 was filed by the appellants claiming compensation. Learned Tribunal on consideration of the facts and evidence on record, awarded a total sum of `7,50,600/- to the appellants. Income of the deceased-Subhash Chand was assessed as `6,600/- per month by the learned OMKAR SINGH 2019.12.17 10:58 I attest to the accuracy and integrity of this document High Court, Chandigarh

FAO No. 4661 of 2016(O&M) -2Tribunal while taking him to be an unskilled labourer. The deceased was held to be 35 years old at the time of the accident. An increment at the rate of 50% was afforded on account of future prospects. Deduction to the extent of 1/4th was effected on account of personal expenses and multiplier of 16 was applied. `1,00,000/- was awarded to the claimant-widow towards loss of consortium, besides, another sum of `1,00,000/- to the minor children towards loss of love and affection. A sum of `25,000/- was awarded towards funeral expenses. It is noticed that none had been appearing on behalf of the appellants on the last three occasions when this appeal was taken up for hearing. Today again, despite the matter being called twice, there is no representation on behalf of the appellants. It appears that the appellants are not interested in pursuing the matter any longer.

Appeal is accordingly dismissed in default.

( LISA GILL ) December 09 , 2019.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No OMKAR SINGH 2019.12.17 10:58 I attest to the accuracy and integrity of this document High Court, Chandigarh