Kiranjit Kaur And Others vs Mithu Singh And Others on 25 March, 2014

[Cites 3, Cited by 3]

Punjab-Haryana High Court

Kiranjit Kaur And Others vs Mithu Singh And Others on 25 March, 2014

Bench: K. Kannan

                                                          Archana arora
FAO No. 2926 of 1999                   1                  2014.03.27 15:43
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IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

                                      FAO No. 2926 of 1999
                            Date of decision March 25, 2014

Kiranjit Kaur and others
                                            ....... Appellants
                            Versus

Mithu Singh and others
                                           ........ Respondents
                                       FAO No. 1311 of 1999


Mithu Singh
                                            ....... Appellant
                            Versus

Kiranjit Kaur and others
                                            ........ Respondents

CORAM:          HON'BLE MR. JUSTICE K. KANNAN

Present:-       None for the appellants.

                Mr. Ashwani Talwar, Advocate
                for the Insurance Co.

                       ****

1. Whether reporters of local papers may be allowed to see the judgment ?

2. To be referred to the reporters or not?

3. Whether the judgment should be reported in the digest?

K. Kannan, J (oral).

1. The appeal FAO No. 1311 of 1999 is by the only on the plea that the exoneration of Insurance Company is erroneous for the only reason that the transfer of vehicle was not informed to the insurer. There is a deemed transfer under Section 158 of the Motor Vehicles Act and consequently the exoneration of the Insurance Company was erroneous. The award exonerating the Insurance Company and making the insured alone pay is set aside. FAO No. 2926 of 1999 2 The appeal FAO No.1311 of 1999 is allowed.

2. FAO No. 2926 of 1999 is by the claimants who had been granted only the compensation under 'No fault liability'. The first claimant Kiranjit Kaur had been newly married to the deceased who was 25 years of age and after his death she had re-married deceased's brother and the children of the brother have also joined as co-claimants along with second husband. I will not consider the fact that the re-marriage ought to result in completely denying the claim but it could be scaled down for the element of loss of consortium and the application of multiplier. Law has itself gone a change with the Hindu Succession Act with the deletion of Section 24 of the Hindu Succession Act, which originally disinherited a widow on re-marriage to claim a share in such capacity to claim against her father-in-law. The widow re-marriage is a social legislation and such an occasion ought not to be seen as dis-entitling a person who had lost her husband. I am not re-opening the issue under each head but I would take an appropriate compensation could be `3 lacs for the death of her first husband. The amount in excess of what has already been granted by the Tribunal shall attract interest at the rate of 6% per annum from the date of petition till the date of payment. The award shall be only in favour of the first claimant and claims of all other persons would require to be dismissed.

3. The appeal FAO No. 2926 is allowed to the above extent. I have delivered the judgment in the absence of both counsel, thanks to the assistance given by the counsel appearing for the Insurance Company.

FAO No. 2926 of 1999 3

4. Registry is directed to despatch the order copy to the appellants at the respective addresses.

(K. KANNAN) JUDGE March 25, 2014 archana

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