National Insurance Co vs Unknown
2021 Latest Caselaw 1658 j&K

                                                                     Sr. No. 52
        HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                        AT JAMMU
                                MA No. 45/2011
                                IA No. 57/2011
                                CM No. 2946/2021
                                in
                                CCROS No. 41/2011
                                CONC No. 259/2011
National Insurance Co.                               .....Appellant(s)/Petitioner(s)

                       Through: Mr. C.S.Gupta, Advocate.
                 Vs
                                                               ..... Respondent(s)
Gulam Mohd. and others

                       Through: Mr. Sheikh A Hussain, Advocate.

Coram: HON'BLE MR. JUSTICE PUNEET GUPTA, JUDGE
                                    ORDER

1. The appeal is preferred against the award passed by the Motor Accident

Claims Tribunal, Reasi vide dated 13.02.2010. The Tribunal by virtue of

the aforesaid award held the claimants entitlement to Rs.5,90,000/- along

with interest @ 7.5% per annum from the date of petition. The death of

the son of the claimants in the vehicular accident made the claimants to

file the claim petition before the Tribunal.

2. Learned counsel for the appellant has argued that the income assessed of

the victim by the Tribunal while passing the award is erroneous. The

court, however, does not find any reason to interfere with the same as the

income assessed by the Tribunal cannot be said to be excessive by any

stretch of imagination.

3. The learned counsel appearing for the appellant has also argued that the

Tribunal has erroneously awarded compensation to the claimants on

account of loss of estate and also for love and affection.

CCROS No. 41/2011

4. Learned counsel for the respondents-claimants has submitted that the

Tribunal has not erred in passing the award on aforesaid two counts.

Infact the counsel has submitted that the appellant is entitled to more

compensation than what is awarded by the Tribunal as the multiplier

applied by the Tribunal is not as per the judgments on the subject. Infact

he has filed cross-objections for enhancement of compensation.

5. The learned counsel for the claimants though has tried to meet the

argument of learned counsel for the appellant qua the compensation

awarded on loss of estate and for love and affection by arguing that the

claimants are entitled to the same, the court is of the view that the

argument of the learned counsel for the appellant has force and no such

compensation could be awarded on those counts to the claimants.

However, keeping in view the fact that the award has been passed in

favour of the parents of the victim-son who has died in the accident in the

year 2005 and the award has been passed about a decade back, the court

does not find it just to modify the award. The appeal filed by the

appellant-Company is, accordingly, dismissed. The cross-objections filed

by the claimants also stand dismissed as the court does not find any

reason to enhance the compensation awarded by the Tribunal.

Accordingly, the appeal along with cross-objections stand disposed of.

(Puneet Gupta) Judge Jammu 10.12.2021 Pawan Chopra Whether the order is speaking? Yes/No Whether the order is reportable? Yes/No PAWAN CHOPRA 2021.12.21 10:36 I attest to the accuracy and integrity of this document