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New India Assurance Co. Ltd. Vs. Amarjit Kaur and ors. - Court Judgment

SooperKanoon Citation
SubjectInsurance;Motor Vehicles
CourtPunjab and Haryana High Court
Decided On
Judge
Reported inIV(2006)ACC569
AppellantNew India Assurance Co. Ltd.
RespondentAmarjit Kaur and ors.
Excerpt:
- haryana urban(control of rent and eviction)act,1973[har.act no.11/1973] -- section 4(2)(b): [m.m. kumar, hemant gupta, ajay & kumar mittal, jj] determination of fair rent held, the fair rent of building under the section is to be determined on the basis of rent agreed between landlord and tenant preceding the date of application. in the absence of rent agreed between parties the basic rent is required to be determined on the basis of rent prevailing in locality for a similar building or rented land on the date of application. if on the date of filing of the application under section 4 of the act for determination of fair rent, the agreed rent was still in vogue thus, it has to be regarded as the basic rent and the same would be constituted as the basis for determining fair rent. ..........section 173 of the motor vehicles act, 1983, challenging the award dated 22.10.2005 passed by the motor accident claims tribunal, patiala (for brevity 'mact'). the tribunal, after detailed consideration, has recorded finding that in the accident between the maruti car bearing no. ddq-2831 and the tractor, jaswinder singh has died on 5.11.2002. it has further been held that the claimant-respondents had nowhere imputed negligence to the driver/owner of the tractor no. pb-44-2688. it has been found as a fact that accident had occurred on 5.11.2002 and an fir no. 313 dated 5.11.2002 was registered at police station patran. the annual dependency of the claimants has been taken to be at rs. 16,800. the income of the deceased, who was 24 years old, has been found to be rs. 2,100, concluding.....
Judgment:

M.M. Kumar, J.

1. This appeal has been filed under Section 173 of the Motor Vehicles Act, 1983, challenging the award dated 22.10.2005 passed by the Motor Accident Claims Tribunal, Patiala (for brevity 'MACT'). The Tribunal, after detailed consideration, has recorded finding that in the accident between the Maruti Car bearing No. DDQ-2831 and the tractor, Jaswinder Singh has died on 5.11.2002. It has further been held that the claimant-respondents had nowhere imputed negligence to the driver/owner of the Tractor No. PB-44-2688. It has been found as a fact that accident had occurred on 5.11.2002 and an FIR No. 313 dated 5.11.2002 was registered at Police Station Patran. The annual dependency of the claimants has been taken to be at Rs. 16,800. The income of the deceased, who was 24 years old, has been found to be Rs. 2,100, concluding that he must be contributing Rs. 1,400 per month, a multiplier of 16 has been applied to award a sum of Rs. 2,68,800 to the claimants. It has further been found that the driver of the Maruti Car was holding a valid licence and the appellant-Insurance Company could not avoid its liability to induct the insured for the awarded amount.

2. Having heard the learned Counsel, we are of the view that no interference of this Court in the afore-mentioned findings would be warranted as the same are based on cogent evidence and cannot be considered to be perverse in any manner whatsoever. The appeal is wholly without merit and accordingly the same is dismissed in limine.


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