Allowed

Reliance General Insurance Co. Ltd. v. Baljeet Kaur and Ors.

Punjab & Haryana HC22 Dec 2021FAO/3411/2014

Case brief

AI extract

What is this about?

This single-judge order modifies a Motor Accidents Claims Tribunal award after both counsel agreed on revised compensation computation. The court ordered remittance of the deficit amount within 30 days and disposed of a pending application for preponing the hearing.

What did the court decide?

The impugned award was modified to Rs. 4,58,300/- based on mutual consent; the court ordered remittance of the balance deficit amount within 30 days.

Reliance General Insurance Co. Ltd. Vs… — Motor Accident Claims | Punjab & Haryana HC (2021)

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203 (Ist case)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

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CHANDIGARH

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CM-10520-CII-2014 and CM-7476-CII of 2020 in/and FAO No.3411 of 2014

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Date of decision:22.12.2021

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Reliance General Insurance Company Ltd. …Appellant

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Versus

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Baljeet Kaur and others …Respondents

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CORAM : HON’BLE MR. JUSTICE ARUN MONGA

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Present : Mr. Sanjeev Kodan, Advocate,

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for the appellant-Insurance Company.

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Mr. Sanjeev Sharma, Advocate,

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for the applicant/respondents No.1 to 3.

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(Presence marked through video conference).

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CM-7476-CII-2020

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This is an application for preponing the main case, which was slated for hearing for 07.04.2022.

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Since the main appeal is listed for today, the application is disposed of as having been rendered infructuous.

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Main case

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Aggrieved with the award dated 01.03.2014 rendered by Motor Accidents Claims Tribunal, Ferozepur, Insurance Company has preferred the instant appeal.

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Learned counsel for the appellant-Insurance Company submits that claim petition was filed under Section 163-A of the Act. The compensation is to be determined as per the Second Schedule of the Act. Learned Tribunal has wrongly awarded one lakh rupees on account of consortium and another sum of Rs.25,000/- towards the funeral expenses,which is beyond the scope of the Second Schedule of Section 163-

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A of the Act.

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VANDANA 2021.12.24 02:35 I attest to the accuracy of this order

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Having addressed the rival contentions for some time, both the learned counsels are now ad idem that the award under challenge be modified as below :

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Deceased	ManjinderSingh
Date ofaccident/death	17.04.2013
Age	24years
Income ofthedeceased	Rs. 3,300/-
Deduction	1/3rd
Multiplier	17
Dependency	2,200X12X17=4,48,800/-
Funeralexpenses	Rs.2,000/-
Consortium	Rs. 5,000/-
Loss of Estate	Rs.2,500/-
Totalcompensation	Rs.4, 58, 300/-
Awarded amount	Rs.6,00,200/-
deficit	Rs.1,41,900/-

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In the premise, on the joint consent of learnedcounsels, the impugned award is modified to that extent as computed aforesaid.

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Vide order dated 21.05.2014 while admitting the appeal, this Court stayed the execution of remaining award subject to deposit of an amount of Rs.4,84,000/- along with up to date interest within one month for disbursal to the claimants.

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Accordingly, remittance be made from the amount deposited in terms of the above computations and balance of deficit amount be also remitted within 30 days from today.

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Disposed of in above terms.

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Pending application, if any, shall also stand disposed of.

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(ARUN MONGA) December 22, 2021 JUDGE vandana

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Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

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VANDANA 2021.12.24 02:35 I attest to the accuracy of this order

Reliance General Insurance Co. Ltd. v. Baljeet Kaur and Ors.

Case brief

What is this about?

What did the court decide?

Reliance General Insurance Co. Ltd. v. Baljeet Kaur and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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