Krishan Thakur v. Suresh Kumar & ORS

FAO-4838-2016 (O&M) -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH FAO-4838-2016 (O&M) Date of Decision : 01.10.2019 Krishan Thakur .... Appellant

Versus

Suresh Kumar and others .... Respondents CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN

Present:

Mr.Ashwani Arora, Advocate for the appellant.

Mr. Vinod Gupta, Advocate for respondent No.3-Insurance Company.

**** RAMENDRA JAIN, J. (ORAL) Through this appeal, the claimants have claimed enhancement of compensation, modifying the impugned Award dated 10.03.2016 of the Motor Accident Claims Tribunal, Ludhiana (for short-'the Tribunal').

Both the sides 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.

A joint calculations 'Mark-A' has been duly signed and countersigned by both the parties, according to which, the claimant-appellants are entitled to `5,26,480/- more, over and above the compensation awarded by the learned Tribunal. Learned counsel for respondent No.3-Insurance ANJU 2019.10.14 14:24 I attest to the accuracy and integrity of this document phhc

FAO-4838-2016 (O&M) -2Company 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 claimant-appellants are held entitled to compensation of `5,26,480/-more, over and above the amount of `7,10,500/- 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 claimant-appellants, in proportion so arrived at by it, by way of account payee cheque against proper receipt and identification.

It is, however, made clear that non-deposit of enhanced amount of compensation within the stipulated period would entail interest @ 15% per annum with quarterly rests after expiry of one month of passing of the date of this order.

The instant appeal stands disposed of, accordingly. October 01, 2019 ( RAMENDRA JAIN ) anju JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No ANJU 2019.10.14 14:24 I attest to the accuracy and integrity of this document phhc