Oriental Insurance Company v. Gajraj And ORS

IN TH E HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-1412-2018 (O&M) Date of Decision : 04.04.2025 The Oriental Insurance Company ....Appellant

VERSUS

Gajraj and Others ....Respondents CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Vinod Chaudhri, Advocate for the appellant. Mr. Charanji Lal, Advocate for respondent No.1. ALKA SARIN, J. (Oral) CM-5429-CII-2028 1.

For the reasons stated in the application, the same is allowed. The delay of 9 days in filing the present appeal is condoned. FAO-1412-2018 (O&M) 2.

Present appeal has been field by the appellant-Insurance Company challenging the award dated 24.10.2017 passed by the Motor Accident Claims Tribunal, Gurugram.

3.

The only ground for challenge in the present appeal is that the multiplier applied is as per the age of the deceased, however, the same ought to have been applied as per the age of the dependent. The issue is no longer res integra. As per the law laid down by the Hon'ble Supreme Court in the case of Sarla Verma & Ors. vs. Delhi Transport Corporation & Anr. JITENDER KUMAR 2025.04.05 10:09 I attest to the accuracy and authenticity of this document Chandigarh

FAO-1412-2018 -2- [(2009) 6 SCC 121], the multiplier applied has to be as per the age of the deceased. In the present case, the age of the deceased was 20 years and hence, a multiplier of 18 has rightly been applied. 4.

In view of the above, I do not find any merit in the present appeal and the same is accordingly dismissed. Pending applications, if any, also stand disposed off.

( ALKA SARIN ) 04.04.2025 JUDGE jk NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO JITENDER KUMAR 2025.04.05 10:09 I attest to the accuracy and authenticity of this document Chandigarh