High Court of Punjab and HaryanaFAO/1374/2018disposed of

United India Insurance Co. Ltd v. Kavita Sharma And ORS.

2018-03-22Mr. Justice Augustine George Masih2 pages

FAO-1374-2018 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

FAO No.1374 of 2018 (O&M) Date of Decision: March 22, 2018.

United India Insurance Company Limited ..........APPELLANT(s).

VERSUS

Kavita Sharma and others ........RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Ashwani Talwar, Advocate for the appellant (s).

Mr. Munish Gupta, Advocate for caveators.

******* SURINDER GUPTA, J.

CM-5234-CII-2018 Heard. There is delay of 9 days in re-filing the appeal. Notice of the application.

Mr. Munish Gupta, Advocate, who has put in appearance on behalf of caveators-claimants/respondents No.1 and 2, accepts notice. Learned counsel for claimants-respondents No.1 and 2 submits that he has no objection if the delay of 9 days in re-filing the appeal is condoned.

Ordered accordingly.

FAO-1374-2018 Learned counsel for the appellant while relying on the observations of Hon'ble Apex Court in case of National Insurance Company Limited Vs. Pranay Sethi and others 2017(4) R.C.R. (Civil) Sachin Mehta 2018.03.22 17:28 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH

FAO-1374-2018 -21009, has argued that the tribunal has allowed 50% addition in the income of the deceased, who was self employed person towards future prospects and has awarded compensation of `2,25,000/- under the conventional heads, which is to be restricted to 40% and `70,000/-, respectively. Learned counsel appearing for claimants-respondents No.1 and 2 concedes the legal proposition put forth by learned counsel for the appellant.

Both the learned counsel have calculated the amount of compensation awardable to the claimants as per law settled by Hon'ble Apex Court in case of National Insurance Company Limited Vs. Pranay Sethi and others (supra), which comes out to `42,45,360/-. Learned counsel for claimants-respondents No.1 and 2 has no objection if the award is modified to that extent. Accordingly, award dated 10.10.2017 passed by Motor Accident Claims Tribunal, Hoshiarpur in MACT case No.54 of 23.2.2016 is modified in above terms and the amount of compensation awarded by the tribunal is reduced from `46,98,400/- to `42,45,360/-. Other terms of the award shall remain the same.

Disposed of accordingly.

Statutory amount of `25,000/- deposited by the appellant be sent to the executing Court for being adjusted towards the compensation amount.

( SURINDER GUPTA ) March 22, 2018.

JUDGE Sachin M.

Whether speaking/reasoned:

Yes/No Sachin Mehta 2018.03.22 17:28 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH Whether Reportable:

Yes/No