Punjab-Haryana High Court
Bharti Axa General Insurance Co vs Rajinder Singh @ Angrez Singh & Others on 24 September, 2012
Author: Rajan Gupta
Bench: Rajan Gupta
FAO No.5139 of 2012 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH.
FAO No.5139 of 2012 (O&M)
Date of decision: 24.9.2012
Bharti AXA General Insurance Co. ...Appellant
Versus
Rajinder Singh @ Angrez Singh & others ...Respondents
CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Sanjeev Goyal, Advocate for the appellant. Rajan Gupta, J (oral)
Present appeal has been preferred by insurance company impugning the award passed by the tribunal awarding compensation to the tune of Rs.4,58,600/-. He has assailed the award contending that as deceased was unmarried, 50% of the amount ought to have been deducted from his earnings.
I have heard learned counsel for the appellant and given careful thought to the facts of the case.
An accident occurred on 14.4.2011. Rajwinder Kaur alongwith her son Pardeep Singh was going from Barnala to Tapa on a scooter. As a result of accident, Rajwinder Kaur and Pardeep Singh died. A claim petition was preferred by father, brother and sister of the deceased. Tribunal came to the conclusion that accident was caused due to rash and negligent driving by driver of the offending vehicle. It assessed the earnings of the deceased as Rs.4000/- per month. After deducting 1/3rd thereof as personal expenses of deceased, dependency FAO No.5139 of 2012 2 was assessed as Rs.2700/- per month. By applying a multiplier of 14, tribunal awarded compensation of Rs.4,53,600/-. Some additional amount was also granted under usual heads. I find no infirmity with the award. Just compensation has been granted by the tribunal. Appeal is without any merit and is hereby dismissed.
(RAJAN GUPTA) JUDGE 24.9.2012 'rajpal'