Punjab-Haryana High Court
Bajaj Allianz General Insurance ... vs Sukhwinder Kaur Alias Bhupinder Kaur ... on 19 February, 2014
FAO No. 1173 of 2013 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO No. 1173 of 2013
Date of decision :19.02.2014
Bajaj Allianz General Insurance Company Limited ...... Appellant
v.
Sukhwinder Kaur alias Bhupinder Kaur and others ....... Respondents
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CORAM : HON'BLE MR. JUSTICE AJAY TEWARI
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Present: Mr. Nitin Mittal, Advocate
for the appellant.
Ms.Rakhi Sharma, advocate
for respondents No. 1 to 4.
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i. Whether Reporters of local papers may be allowed to see the judgment?
ii. To be referred to the Reporters or not?
iii.Whether the judgment should be reported in the Digest?
AJAY TEWARI, J. (Oral)
This appeal has been filed against the award dated 21.11.2012 passed by the MACT, Amritsar.
Brief facts of the case are that on 6.5.2011 Jaspal Singh(since deceased had gone to his office at Ajnala Courts on his motor cycle and after getting his attendance marked there, had gone to village Sansaran Kalan for getting the service of summons effected. After completing his work he was returning to Ajnala Court Complex and when he reached the area of village Mehal Bukhari and was trying to take turn, a car bearing registration No. Nagpal Sunita 2014.03.19 12:40 I attest to the accuracy and integrity of this document FAO No. 1173 of 2013 2 PB-02-BA-0014 came from Ajnala side being driven at a very high speed and in a rash and negligent manner without blowing any horn and struck against the motor cycle of the deceased as a result of which he sustained multiple grievous injuries including the head injuries. He was taken to Civil Hospital, Ajnala from where he was referred to Guru Nanak Dev Hospital, Amritsar where he remained admitted for few hours and then died. The Tribunal assessed monthly dependency of the claimants on the deceased at Rs. 20568/- after deducting 1/3rd towards his personal expenses, granted him 50% increase towards future prospects and applied multiplier of 15. In this way the total compensation awarded to the claimants was Rs. 37,02,240/- (rounded off to Rs. 37,02,000/-). Besides an amount of Rs. 10,000/each was also granted towards funeral expenses and loss to estate.
Learned counsel for the appellant has argued that the amount of compensation is excessive. I have been taken through the judgement and the record of the case with the assistance of learned counsel. I find that the argument of learned counsel for the appellant is to be rejected. The amount of compensation under each head has been awarded as per law and cannot be held to be excessive in any manner.
Consequently the appeal is dismissed.
( AJAY TEWARI ) JUDGE February 19, 2014 sunita Nagpal Sunita 2014.03.19 12:40 I attest to the accuracy and integrity of this document