Punjab-Haryana High Court
Icici Lombard General Insurance ... vs Rajender Singh @ Raju And Others on 18 February, 2014
Author: Jitendra Chauhan
Bench: Jitendra Chauhan
FAO-6399-2011 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO-6399-2011 (O&M)
Date of decision: 18.02.2014
ICICI Lombard General Insurance Company Ltd.
...Appellant
Versus
Rajender Singh @ Raju and others
...Respondents
CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN
Present: Mr. Ram Kumar Saini, Advocate,
for Mr. R.S. Dhull, Advocate,
for the appellant.
Mr. Sandeep Kotla, Advocate,
for respondent No.1.
Dr. Gopal Krishan, Advocate,
for Mr. Paul S. Saini, Advocate,
for respondent No.4.
JITENDRA CHAUHAN, J. (ORAL)
CM-25597-CII-2011 CM application is allowed as prayed for and the delay of 133 days in filing the appeal is condoned. FAO-6399-2011
1. The present appeal has been filed by the appellant- Insurance Company, challenging the impugned Award dated Sethi Atul 2014.03.19 16:46 I attest to the accuracy and integrity of this document Chandigarh FAO-6399-2011 -2- 03.03.2011, passed by the learned Motor Accident Claims Tribunal, Fatehabad.
2. The solitary argument raised by the learned counsel for the appellant is that the compensation awarded by the learned Tribunal is on the higher side.
3. On the other hand, the learned counsel for respondent No.1, contends that just and reasonable compensation has been awarded.
4. I have heard learned counsel for the parties and perused the record.
5. In the instant case, deceased, Anita Rani, was aged 23 years at the time of her death in the accident. Although, it was pleaded in the claim petition that she was a teacher and earning Rs.10,000/- per month. However, no cogent evidence could be produced in the Court to substantiate this fact. Under these circumstances, the notional income of the deceased has been rightly assessed by the learned Tribunal as Rs.4,000/- per month, as value of her services rendered to the family, being housewife. Therefore, the learned Tribunal has rightly not deducted any amount on account of her personal expenses. No other point has been raised.
6. Dismissed.
7. The statutory amount of Rs.25,000/-, deposited by the Sethi Atul 2014.03.19 16:46 I attest to the accuracy and integrity of this document Chandigarh FAO-6399-2011 -3- appellant-Insurance Company be placed at the disposal of the Tribunal for reimbursement.
18.02.2014 ( JITENDRA CHAUHAN) atulsethi JUDGE
Note : Whether to be referred to Reporter : Yes / No. Sethi Atul 2014.03.19 16:46 I attest to the accuracy and integrity of this document Chandigarh