United India Insurance Co. Ltd vs Mona Devi And Othres
2022 Latest Caselaw 16201 P&H

        IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                       CHANDIGARH
                115                    FAO-5163-2022 (O&M)
                                    Date of decision: 08.12.2022

UNITED INDIA INSURANCE CO. LTD.                             ..Appellant (s)

                                   Versus

MONA DEVI AND OTHRES                                        ..Respondent(s)

CORAM:       HON'BLE MS. JUSTICE NIDHI GUPTA

Present:     Mr. SS Sidhu, Advocate for the appellant.

         ***

NIDHI GUPTA, J (Oral)

Two contentions have been raised by the learned counsel for

the appellant. The first one is that quantum of compensation to the tune of

Rs.8,67,000/- awarded by the Tribunal is on higher side, and the second

one is that postmortem of the deceased of 10 year old is not on record to

show that she had died due to injuries suffered in the road accident.

Learned counsel submits that the Tribunal has taken the income of the

deceased 10 years of age to be Rs.50,000/- per year which is on the higher

side.

Learned counsel relied upon judgments of Hon'ble Supreme

Court rendered in Kishan Gopal and another vs. Lala and others,

decided on 26.08.2013 and Puttamma and others vs. K.L. Narayana

Reddy and another, 2014(1) Recent Apex Judgments (RAJ) 1 whereby

income was taken as Rs.15,000/- per year.

Heard.

While passing the impugned Award the Ld. Tribunal took

into consideration all evidence on record including the testimony of PW1

Dr. Anil Goyal, who deposed that the deceased had suffered severe head

injury and other injuries in the road accident in question which were

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the cause of death. Further, appellant can derive no benefit from

abovesaid judgments as facts of relied upon cases are different from the

present case. In the relied upon cases, accident was of the year 1992/1999

whereas in the present case accident is of 2019.

Accordingly, I find no error in the reasoning given by the

Tribunal.

Dismissed.

                                                   ( NIDHI GUPTA )
08.12.2022                                              JUDGE
ashok
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No




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