Judgment:
Archana arora FAO No.1599 of 1995 1 2014.02.18 16:57 I am the author of this FAO No.1600 of 1995 document IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH FAO No.1599 of 1995 Date of decision: February 11,2014 Ruldo ......Appellant Versus Jaswant Singh and others .......Respondents FAO No.1600 of 1995 Surinder Kumar ......Appellant Versus Jaswant Singh and others .......Respondents CORAM: HON'BLE Mr.JUSTICE K.
KANNAN Present:- Mr.Rohtash Birtt, Advocate for Mr.S.S.
Dinarpur, Advocate for the appellant.
Mr.D.R.
Bansal, Advocate for the respondents.
**** K.
Kannan, J (oral).1.
Both the cases relate to the same accident.
FAO No.1599 is claim for enhancement of compensation where the Tribunal had awarded `48,000/- for the mother of the deceased son aged 19.
He was said to be a mason and the tribunal took the multiplier suitable to the age of the claimant who was said to be about 60 years old.
It took the contribution to the mother at 40 and adopted a multiplier of 5 since the deceased belongs to the lower income group, I would take the income as stated at `2,400/- per FAO No.1599 of 1995 2 FAO No.1600 of 1995 month apply a 50% deduction and use a multiplier of 18 to determine the compensation.
I will also provide for `50,000/- for loss of love and affection more particularly in a situation where the mother was the widow having lost her husband earlier.
I would also provide for funeral expenses and tabulate the heads of claim as follows:- Fatal accidents Date of accident 19.7.92 Age 19 Occupation mason Claimants: mother S.No.Heads of claim Tribunal High Court (Amount Rs.) Amount (Rs.) 1 Income 2400/- 2400/- Add, % of increase 2 30%/50% 3 Deduction 4 Multiplicand 1200x12 5 Multiplier 6 Loss of dependence 7 Medical expenses Loss of 50,000/- consortium+ loss of love and affection 8 for children 9 Loss to estate 10 Funeral expenses 2500/- 11 Total 48,000/- 3,04,500 As regards the liability the Insurance Company was exonerated on the ground that the driver had a driving license only to drive a car when he was driving a truck and that the license had also expired.
Even if there had been a violation of terms of policy, the third party is entitled to right of enforcement against the insurer.
If at all the insurer will have a right of recovery against the owner and driver.
I therefore allow for this amount as determined to be recoverable against the FAO No.1599 of 1995 3 FAO No.1600 of 1995 Insurance Company.
Any amount already recovered from the insured must be deducted and only the balance is recoverable against the insurer.
2.
The award stands modified and the appeal FAO No.1599 is allowed.
As regards FAO No.1600 of 1995 the Court awarded `1500/- only considering that there was no proof of fracture or no hospitalization.
I do not find any better material for making the modification.
The appeal FAO No.1600 of 1995 is dismissed.
(K.
KANNAN) JUDGE February 11, 2014 archana