Sbi General Insurance Co. Ltd. v. Karamjit Kaur And Others
S. No.107
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH **** FAO No.6531 of 2023 (O&M) Date of Decision:27.09.2024 SBI General Insurance Company Limited .....Appellant Vs.
Karamjit Kaur and others .....Respondents CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Satpal Dhamija, Advocate for the appellant- Insurance Company.
Mr. Pankaj Mohan Kansal, Advocate for respondents No.1 to 3- Caveators.
( Through Video Conferencing).
**** DEEPAK GUPTA, J. (Oral) The Insurance Company is in this appeal against the award dated 25.08.2023 passed by learned MACT, Chandigarh. 2.
There are two-fold submissions made by learned counsel for the appellant. His first submission is that income of the deceased at 15,000/- per month as taken by the Tribunal is on the higher side. The next submission is that offending vehicle was a good's vehicle and it was not carrying a Fitness Cer8ficate and, therefore, as per Sec8on 56 of the Motor Vehicles Act, it is to be assumed that it was not having a valid Registra8on Cer8ficate in the absence of the Fitness Cer8ficate. 3.
To the specific query put by this Court, learned counsel concedes that no such objec8on was taken before the Tribunal regarding non-validity of the Registra8on Cer8ficate for want of Fitness Cer8ficate. Learned counsel also concedes that even as per Sec8on 147 of the Motor Vehicles Act, there is no such requirement so as to obtain a Fitness Cer8ficate. In these circumstances, the conten8on of learned counsel is found to be not only beyond pleadings but also devoid of any merit. 4.
As far as monthly income of the deceased is concerned, it is conceded that the deceased was 10+2 pass. He was 19 years of age. He was having good academic record. He was pursuing ILETS coaching and was planning to migrate to RENU 2024.09.27 18:57 I attest to the accuracy and integrity of this document Chandigarh
FAO No.6531 of 2023 (O&M) -2Canada for his beDer future as has come in the tes8mony of claimant No.2 - Satpal Singh.
5.
In the afore-said facts and circumstances, this Court does not find the no8onal income of the deceased at 15,000/- to be on the higher side. 6.
As such, this Court does not find any merit in the present appeal and the same is dismissed.
September 27, 2024 ( DEEPAK GUPTA ) renu JUDGE Whether Speaking/reasoned Yes/No Whether Reportable Yes/No RENU 2024.09.27 18:57 I attest to the accuracy and integrity of this document Chandigarh