Shri Ram General Insurance Company Ltd v. Amit@Uttam And ORS
FAO No. 8149 of 2014 (O&M) & FAO No. 8860 of 2014 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH Date of decision: 27.09.2019 1.
FAO No. 8149 of 2014 (O&M) Shri Ram General Insurance Company Ltd.
...Appellant
Versus
Amit @ Uttam and others
...Respondents
**** 2.
FAO No. 8860 of 2014 (O&M) Shri Ram General Insurance Company Ltd.
...Appellant
Versus
Amit @ Uttam and others
...Respondents
**** CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR
Present:
Mr. Tejender K. Joshi, Advocate, for the appellant.
***** JAISHREE THAKUR, J. (ORAL) These two appeals have been preferred by Shri Ram General Insurance Company Ltd. seeking to challenge the award of the Motor Accident Claims Tribunal, Gurugram whereby compensation has been allowed to the claimants by relying upon judgment rendered in Santosh Devi vs. National Insurance Company Ltd., 2012(2) RCR (Civil) SC 882 SATYAWAN 2019.10.01 17:23 I attest to the accuracy and integrity of this document
FAO No. 8149 of 2014 (O&M) & FAO No. 8860 of 2014 (O&M) read with Sarla Verma Vs. Delhi Transport Corporation 2009(6) SCC 121 by which an increase of 30% had been made applicable towards future prospects.
Learned counsel appearing on behalf of the Insurance Company while challenging the award has not able to dispute the fact that the Constitution Bench of the Supreme Court in National Insurance Company Limited Vs. Pranay Sethi and others 2017 (4) R.C.R. (Civil) 1009 has allowed future prospects while assessing compensation to be paid to the claimants/ dependents of the deceased.
Consequently, finding no merit in both the appeals, the same are dismissed.
At this stage, counsel appearing on behalf of the Insurance Company submits that there is a calculation mistake which would be evident in the FAO No. 8149 of 2014 and he may be permitted to have the calculation corrected before the Executing Court. He is permitted to do so. A photocopy of this order be placed on the file of the other connected case.
27.09.2019 (JAISHREE THAKUR) Satyawan JUDGE Whether speaking/reasoned Yes.
Whether reportable No.
SATYAWAN 2019.10.01 17:23 I attest to the accuracy and integrity of this document