Iffco Tokio General Insurance Co Ltd v. Sharda Devi And ORS

F.A.O No. 6532 of 2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O No. 6532 of 2017 Date of decision:- 29.09.2017 IFFCO Tokio General Insurance Co. Ltd.

...Appellant

Versus

Sharda Devi & others

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Yogesh Gupta, Advocate for the appellant.

RITU BAHRI J.(Oral) This appeal is by the insurance company disputing the liability foisted upon it by the Motor Accident Claims Tribunal-I, Rewari (for brevity 'the tribunal'), vide its order/award dated 18.05.2017 whereby the appellant-Company (for short 'the appellant') was held liable to make the compensation to the tune of Rs.14,82,200/-.

Learned counsel for the appellant at the very outset argued that the learned Tribunal has fell in error by allowing 30% addition for future prospects to the income of the deceased. Further the learned Tribunal wrongly taken the income of the deceased at Rs.10000/- per month, as the claimants have failed to prove on record with regard to the income of the deceased.

This argument is liable to be dismissed in view of the detailed reasoning given by this Court in a case of Santosh Devi v. Kailash Chand and others, decided on 14.07.2017 in FAO No. 3743-2016. In view of the above factual position, order/award dated 18.05.2017 passed by the Tribunal does not require any interference by this Gaurav Arora 2017.11.14 12:39 I attest to the accuracy and integrity of this document Chandigarh

F.A.O No. 6532 of 2017 -2Court.

The appeal stands dismissed.

29.09.2017 ( RITU BAHRI ) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No Gaurav Arora 2017.11.14 12:39 I attest to the accuracy and integrity of this document Chandigarh