Phoolmati And ORS v. Bakhtor Singh And ORS

FAO-996-2016 (O&M) -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH FAO-996-2016 (O&M) Date of Decision : 18.10.2019 Phoolmati and others .... Appellants

Versus

Bakhtor Singh and others .... Respondents CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN

Present:

Mr. Damodar Khurana, Advocate for Mr. Nishant Rai, Advocate for the appellants.

Mr. Puneet Jain, Advocate for respondent No.3.

**** RAMENDRA JAIN, J. (ORAL) Through this appeal, the claimants have claimed enhancement of compensation, modifying the impugned Award dated 11.09.2014 of the Motor Accident Claims Tribunal, Panipat (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.

Learned counsel for parties have submitted joint calculation in accordance with Pranay Sethi's case (supra) in Court today, duly signed by them. The same is taken on record as Mark "A". Be tagged at appropriate place. According to which, the total compensation payable to claimant-appellants comes to `9,77,520/- less `7,31,200/- already awarded by the learned Tribunal. Meaning ANJU 2019.10.24 10:27 I attest to the accuracy and integrity of this document phhc

FAO-996-2016 (O&M) -2thereby, the claimant-appellants are entitled to `2,46,320/- more, over and above the compensation awarded by the learned Tribunal. Learned counsel for respondent No.3-Insurance Company 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 `2,46,320 /-more, over and above the amount of `7,31,200 /- 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, less 357 days for filing this appeal belatedly after expiration of the period of limitation, for onward disbursement to the claimant-appellants, in proportion so arrived at by it, in accordance with law 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 18, 2019 ( RAMENDRA JAIN ) anju JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No ANJU 2019.10.24 10:27 I attest to the accuracy and integrity of this document phhc