Punjab-Haryana High Court
New India Assurance Co. Ltd vs Karamjit Kaur And Others on 2 August, 2011
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
C.R No.4633 of 2011
Date of Decision:- 2.8.2011
New India Assurance Co. Ltd. ....Petitioner
vs.
Karamjit Kaur and others ....Respondents
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CORAM:- HON'BLE MR.JUSTICE ARVIND KUMAR
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Present:- Mr. Vinod Gupta, Advocate,
for the petitioner.
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ARVIND KUMAR, J.
Petitioner-New India Assurance Company is aggrieved with award dated 15.4.2011 passed by the Motor Accident Claims Tribunal, Faridkot. The present revision has been filed on the ground that the compensation so granted is on the higher side and the insurance company has not filed any application under Section 170 of the Motor Vehicles Act before the Tribunal.
The facts are that on account of death of Gurtej Singh, aged 28 years, a JBT teacher having monthly salary of Rs.6667/- and also having an agricultural land, as evident from the mutation and jamabandies, the learned Tribunal has awarded Rs.10,28,000/- along with interest at the rate of 8 per cent per annum from the date of claim petition till payment. The division of the compensation amount was also made amongst the claimants.
Learned counsel for the petitioner-insurance company has argued that a sum of Rs.4000/- has been assessed as an income from the agricultural land which still persists and is fetching income to the claimants but wrongly added in the income of the deceased while assessing the compensation and also that the widow is getting pension which has not been deducted. No doubt, the MACT has not taken into account these facts while passing the award but at the same time, since the C.R No.4633 of 2011 -2- deceased was 28 years of age at the time of his death, multiplier of 12 so applied by the Tribunal is also on the meager side. In this back-drop of over-all facts, the total awarded amount is adequate. No interference is called for. The revision is dismissed.
August 02, 2011 ( ARVIND KUMAR) JS JUDGE