National Insurance Company Ltd v. Balwinder Kaur & ORS

F.A.O No. 2779 of 2017 (O&M) -1In the High Court of Punjab and Haryana at Chandigarh F.A.O No. 2779 of 2017 (O&M) Date of Decision: 01.5.2017 National Insurance Company Limited ......Appellant

Versus

Balwinder Kaur and others .....Respondents CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY

Present:

Mr. Harsh Aggwaral, Advocate and Mr. Aseem Aggarwal, Advocate for the appellant.

**** ANITA CHAUDHRY, J This appeal has been filed by the insurance company on the ground that the amount allowed was on the higher side and also on the ground that the driver did not hold a valid and effective licence. I have considered the submissions made by counsel for the appellant and find myself unable to agree with the same. The child was 12 years old and had died in an accident which had occurred on 25.7.2015. The notional income was taken and the multiplier of 15 was applied to calculate the loss to be Rs. 4,50,000/- and an addition of Rs. 10,000/- was made for the funeral expenses and Rs. 50,000/- for loss of love and affection. The amount cannot be said to be on the higher side.

As regards the driving licence, the father's name correctly matches with the name indicated in the licence. The address of the driver is of the same village as indicated in the claim petition and in the driving Gurpreet Singh Bhatia 2017.05.03 16:40 I attest to the accuracy and authenticity of this document Chandigarh

F.A.O No. 2779 of 2017 (O&M) -2licence. No evidence was led by the insurance company to show that there was some other person with the same parentage and of the same village. Therefore, this plea has also to be rejected. There is no merit in the appeal. The appeal is dismissed in limine.

(ANITA CHAUDHRY) JUDGE May 01, 2017 Gurpreet Whether speaking/reasoned :

Yes Whether reportable :

No Gurpreet Singh Bhatia 2017.05.03 16:40 I attest to the accuracy and authenticity of this document Chandigarh