The Punjab and Haryana High Court_modified an award under Section 163-A of the Motor Vehicles Act by joint consent of the counsels. The court recalculated the deficit, ordered remittance from the deposited security, and disposed of the pending application.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
203 (2nd case)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CM-10521-CII-2014 and CM-7691-CII of 2020 in/and FAO No.3412 of 2014 Date of Decision: 22.12.2021
Reliance General Insurance Company Ltd.
…Appellant
Versus
Karamjeet Kaur and others …Respondents
CORAM : HON’BLE MR. JUSTICE ARUN MONGA
Present : Mr. Sanjeev Kodan, Advocate, for the appellant-Insurance Company.
Mr. Sanjeev Sharma, Advocate, for the applicant/respondents No.1 and 2.
(Presence marked through video conference).
CM-7691-CII-2020
This is an application for preponing the main case, which was slated for hearing for 07.04.2022.
Since the main appeal is listed for today, the application is disposed of as having been rendered infructuous.
Main case
Aggrieved with the award dated 01.03.2014 rendered by Motor Accidents Claims Tribunal, Ferozepur, Insurance Company has preferred the instant appeal.
MAHAVIR SINGH 2021.12.25 06:57 I attest to the accuracy of this order
which is beyond the scope of the Second Schedule of Section 163-A of the Act.
| Deceased | MajorSingh |
|---|---|
| Date ofaccident/death | 17.04.2013 |
| Age | 47 years |
| Income of the deceased | Rs. 3300/- |
| Deduction | 1/3rd |
| Multiplier | 11 |
| Dependency | 2200X12X11=2,90,400/- |
| Funeralexpenses | Rs.2,000/- |
| Consortium | Rs. 5,000/- |
| Loss of Estate | Rs.2,500/- |
| Totalcompensation | Rs.2,99,900/- |
| Awarded amount | Rs.4,15,400/- |
| deficit | Rs.1,15,500/- |
(ARUN MONGA) December 22, 2021 JUDGE vandana
Whether speaking/reasoned : Yes/No Whether reportable : Yes/No
MAHAVIR SINGH 2021.12.25 06:57 I attest to the accuracy of this order
3 issues framed by the court
Whether the compensation award by the Motor Accidents Claims Tribunal requires modification due to excess award on consortium and funeral expenses.
How to compute the deficit amount based on joint consent of counsels.
Whether the stay order on execution and deposit of security requires remittance of balance from deposited amount.
2 provisions across 1 enactments
Reliance General Insurance Company Ltd.
Karamjeet Kaur
Arun Monga
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
