Punjab-Haryana High Court
Poonam vs Satish And Ors on 10 January, 2024
Author: Alka Sarin
Bench: Alka Sarin
FAO No.3353 of 2016 1 2024:PHHC:003063
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
228 FAO No.3353 of 2016 (O&M)
Date of Decision : 10.01.2024
Poonam ....Appellant
VERSUS
Satish and Others ....Respondents
CORAM : HON'BLE MRS. JUSTICE ALKA SARIN
Present : Mr. N.K. Malhotra, Advocate for the appellant.
Mr. Lekh Raj Nandal, Advocate for respondent No.1.
Mr. Sanjeev Goyal, Advocate for respondent No.3.
ALKA SARIN, J. (Oral)
1. The present appeal has been filed by the claimant-appellant
challenging the award dated 16.02.2016 passed by the Motor Accident
Claims Tribunal, Rohtak (hereinafter referred to as the 'Tribunal') whereby
the Tribunal has awarded an amount of Rs.1,50,000/- as compensation for
the death of a minor child of 2½ years of age.
2. Since the facts, as recorded in the impugned award passed by
the Tribunal are not in dispute, the same are not being reproduced herein for
the sake of brevity.
3. Learned counsel for the appellant would contend that the
Tribunal has awarded an amount of Rs.1,50,000/- as compensation along
with interest @ 7.5% per annum from the date of filing of the claim petition
till realization on account of death of a minor child of 2½ years of age.
Learned counsel for the appellant has relied upon a judgment of the Hon'ble
integrity of this order/judgment.
FAO No.3353 of 2016 2 2024:PHHC:003063
Supreme Court in the case of Kusmi Devi vs. Md. Kasim & Anr. [2023
ACJ 1658] to contend that in the case of death of a 3 years old child in an
accident the Hon'ble Supreme Court had awarded a lump sum compensation
of Rs.6,00,000/-.
4. Per contra learned counsel for respondent No.3-Insurance
Company has relied upon a judgment of this Court in the case of Ravinder
Kaur & Anr. vs. Roop Lal & Ors. [2006(4) RCR (Civil) 329] to contend
that for the death of a child, who was 4 years of age, a compensation of
Rs.2,00,00/- was awarded by this Court.
5. I have heard learned counsel for the parties.
6. The Tribunal has awarded a lump sum compensation of
Rs.1,50,000/- for the death of a 2½ years old child. The High Court in the
case of Kusmi Devi (supra) had awarded an amount of Rs.5,00,000/- as
compensation, which was enhanced by Rs.1,00,000/- by the Hon'ble
Supreme Court. The judgment relied upon by learned counsel for respondent
No.3-Insurance Company in the case of Ravinder Kaur (supra) pertains to
an award passed in the year 1994 and the appeal in the said case was filed in
the year 1999, which was decided in the year 2006, and hence would not be
applicable. Keeping in view the judgment passed by the Hon'ble Supreme
Court in the case of Kusmi Devi (supra), I deem it appropriate to enhance
the amount of compensation in the present case to Rs.6,00,000/-. The
enhanced amount of compensation shall carry interest @ 7.5 % per annum
from the date of filing of the claim petition till realization.
7. Learned counsel for respondent No.3-Insurance Company has
submitted that Bharti Axa General Insurance Company Ltd. has now merged
integrity of this order/judgment.
FAO No.3353 of 2016 3 2024:PHHC:003063
in ICICI Lombard General Insurance Company Ltd. and the compensation
shall be paid by ICICI Lombard General Insurance Company Ltd.
8. In view of the above discussion, the present appeal is allowed
and the award passed by the Tribunal is modified accordingly. Pending
applications, if any, also stand disposed off.
( ALKA SARIN )
10.01.2024 JUDGE
jk
NOTE: Whether speaking/non-speaking: Speaking
Whether reportable: YES/NO
integrity of this order/judgment.
