Punjab-Haryana High Court
United India Insurance Co. Ltd vs Parveen Kumari And Others on 7 March, 2014
Author: Jitendra Chauhan
Bench: Jitendra Chauhan
FAO-2093-2011(O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO-2093-2011(O&M)
Date of decision: 7.3.2014
United India Insurance Co. Ltd.
...Appellant
Versus
Parveen Kumari and others
...Respondents
FAO-6070-2011(O&M)
Parveen Kumari and others
...Appellants
Versus
Gurdial Singh and others
...Respondents
CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN
Present: Mr.V.Ramswaroop, Advocate
for the Insurance Company
Mr.Ashwani Arora, Advocate
for the claimants
****
Jitendra Chauhan, J.
This judgment shall dispose of both the abovementioned appeals. FAO 6070-2011, has been filed by the claimants for enhancement of the compensation, whereas FAO-2093-2011, has been filed by the Insurance Company, challenging the impugned Award dated 15.12.2010, passed by the learned Motor Accident Claims Tribunal Rupnagar (for short 'the Tribunal'). Shanker Gauri 2014.03.12 17:32 I attest to the accuracy and integrity of this document High Court Chandigarh FAO-2093-2011(O&M) 2
2. Learned counsel for the Insurance Company submits that it is a case of collusion. The accident occurred on 9.9.2009, whereas the vehicle was involved after one and half month. The FIR was registered against unknown person and unknown vehicle. The claim petition was allowed on the basis of the FIR and the statement of PW4 Kamal Kumar. The present FIR was lodged on the statement of Sham Lal, pillion rider of the other motor cycle, who was not examined. He further submits that on the road from Nagnal to Kirtpur Sahib, there are two Toll Plaza and there is no entry of the said truck on the said date.
3. Learned counsel appearing for the claimants submits that there is no delay in lodging the FIR. The accident took place at 8.30 PM on 9.9.2009 and the FIR was lodged 10.9.2009. The accident is proved on record from the statement of PW4 Kamal Kumar, who was the eye witness of the accident. He further submits that compensation awarded by the learned Tribunal is on the lower side. The deceased was 42 years of age at the time of accident. No amount has been awarded towards future prospects; loss of love, care and guidance to the children. The amount awarded towards funeral expenses is also on the lower side.
4. I have heard the learned counsel for the parties and perused the record carefully.
5. With regard to false involvement of the offending truck Shanker Gauri 2014.03.12 17:32 I attest to the accuracy and integrity of this document High Court Chandigarh FAO-2093-2011(O&M) 3 in the accident, the FIR was lodged by one Sham Lal, who was following the motorcycle of the deceased, with Kamal Dev as pillion rider. Kamal Dev was examined as PW4, who supported the case of the prosecution. The driver of the offending truck is facing the criminal trial with regard to the said accident. It is not a case of collusion as projected by the Insurance Company, as the FIR was promptly lodged. After investigation, the offending truck was traced and challan was filed against the driver of the offending truck. There is no evidence that on the date of accident, the truck was not plying on the road from Nangal to Kiratpur Sahib. There are other link roads between Nangal to Kiratpur Sahib. Therefore, the possibility to pass over the toll plaza through these roads by the driver of the truck cannot be ruled out. In Girdhari Lal v. Radhey Shyam and others (1993-2) PLR 109 this Court has held that in a case where driver was being tried on account of rash and negligent driving, it is prima- facie safe to conclude that the accident occurred due the the negligence of the driver.
6. Untimely death of Sham Lal was a greath shock to his family. He was the sole bread earner of the family. He left behind widow, old parents, one son and one daughter. From the perusal of the award, no amount has been awarded towards loss of love, care and guidance to the minor children, loss of consortium to the wife, loss of love and affection to the mother. This Court feels that the Shanker Gauri 2014.03.12 17:32 I attest to the accuracy and integrity of this document High Court Chandigarh FAO-2093-2011(O&M) 4 amount awarded towards funeral expenses is also inadequate. Keeping in view the judgment rendered by the Hon'ble Supreme Court in Vimal Kanwar and others vs. Kishore Dan and others (2013-3) PLR 776, the compensation under the following heads is enhanced/ allowed, which would meet the ends of justice:-
S.No. Heads From To
1. Loss of consortium payable to Rs.1,00,000/-
the widow
2. Loss of love, care and Rs.1,00,000/-
guidance to the minor children
in equal share
3. Funeral expenses enhanced Rs.2,000/- Rs.12,000/-
4. Loss of love and affection to Rs.1,00,000/-
the mother, if alive
7. Accordingly, the enhanced compensation shall be paid to the claimants in the manner indicated above, within a period of 45 days from the date of the receipt of the certified copy of the judgment, failing which, the appellants shall be entitled to get interest @ 7.5% per annum from the date of the filing of the appeal till its realisation.
8. In view of the above, FAO-2093-2011 is dismissed, whereas FAO-6070-2011 is partly allowed and the impugned Award is modified to the above extent.
7.3.2014 (JITENDRA CHAUHAN)
gsv JUDGE
Shanker Gauri
2014.03.12 17:32
I attest to the accuracy and
integrity of this document
High Court Chandigarh