National Insurance Co. Ltd. Vs. Manjit Kaur and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1120950
CourtPunjab and Haryana High Court
Decided OnJan-24-2014
AppellantNational Insurance Co. Ltd.
RespondentManjit Kaur and Others
Excerpt:
fao-6052-2013 (o&m) 1 in the high court of punjab and haryana at chandigarh fao-6052-2013 (o&m) date of decision:24. 1.2014 national insurance co. ltd. ...appellant versus manjit kaur and others ...respondents coram: hon'ble mr.justice jitendra chauhan present: mr.ss sidhu, advocate for the appellant **** jitendra chauhan, j.1. the present appeal has been filed by the insurance company, challenging the impugned award dated 5.9.2013, passed by the learned motor accident claims tribunal, kurukshetra (for short 'the tribunal'), vide which a sum of rs.14,95,000/- has been awarded as compensation to the claimants and the appellant being the insurer, alongwith the driver and the owner of the offending vehicle has been held liable to indemnify the compensation.2. the only argument raised by the counsel for the appellant is that the income assessed by the learned tribunal is on the higher side. he refers to the statement of pw3 dr.pawan goyal and states that some raj kumar was employed by him in his hospital, who deliberately mentioned the name on the roll as gurbachan singh, the shanker gauri 2014.01.28 18:28 i attest to the accuracy and integrity of this document high court chandigarh fao-6052-2013 (o&m) 2 deceased.3. i have heard the learned counsel for the appellant and perused the case file carefully.4. from the perusal of the record, it emerges that pw3- dr.pawan goyal, owner of pawan surgical hospital, kurukshetra specifically suggested that deceased gurcharan singh was in his employment as assistant. with regard to the salary of the deceased, this fact is duly reflected in the income tax return of the said doctor. therefore, it can safely be assumed that the claimants have discharged initial burden. no contrary evidence has come on record that the deceased was not working as assistant in pawan surgical hospital. therefore, the amount of rs.7,000/- per month as income, by no stretch of imagination, can be said to be on the higher side.5. no other point is raised.6. in view of the above, this court finds no merit in the present appeal. as such, the instant appeal is dismissed.7. the statutory amount deposited by the appellant at the time of filing the appeal be sent to the tribunal for disbursement to the claimants. 24.1.2014 (jitendra chauhan) gsv judge shanker gauri 2014.01.28 18:28 i attest to the accuracy and integrity of this document high court chandigarh
Judgment:

FAO-6052-2013 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-6052-2013 (O&M) Date of decision:

24. 1.2014 National Insurance Co. Ltd. ...Appellant Versus Manjit Kaur and others ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.SS Sidhu, Advocate for the appellant **** Jitendra Chauhan, J.

1. The present appeal has been filed by the Insurance Company, challenging the impugned Award dated 5.9.2013, passed by the learned Motor Accident Claims Tribunal, Kurukshetra (for short 'the Tribunal'), vide which a sum of Rs.14,95,000/- has been awarded as compensation to the claimants and the appellant being the insurer, alongwith the driver and the owner of the offending vehicle has been held liable to indemnify the compensation.

2. The only argument raised by the counsel for the appellant is that the income assessed by the learned Tribunal is on the higher side. He refers to the statement of PW3 Dr.Pawan Goyal and states that some Raj Kumar was employed by him in his Hospital, who deliberately mentioned the name on the roll as Gurbachan Singh, the Shanker Gauri 2014.01.28 18:28 I attest to the accuracy and integrity of this document High Court Chandigarh FAO-6052-2013 (O&M) 2 deceased.

3. I have heard the learned counsel for the appellant and perused the case file carefully.

4. From the perusal of the record, it emerges that PW3- Dr.Pawan Goyal, owner of Pawan Surgical Hospital, Kurukshetra specifically suggested that deceased Gurcharan Singh was in his employment as Assistant. With regard to the salary of the deceased, this fact is duly reflected in the income tax return of the said doctor. Therefore, it can safely be assumed that the claimants have discharged initial burden. No contrary evidence has come on record that the deceased was not working as assistant in Pawan Surgical Hospital. Therefore, the amount of Rs.7,000/- per month as income, by no stretch of imagination, can be said to be on the higher side.

5. No other point is raised.

6. In view of the above, this Court finds no merit in the present appeal. As such, the instant appeal is dismissed.

7. The statutory amount deposited by the appellant at the time of filing the appeal be sent to the Tribunal for disbursement to the claimants. 24.1.2014 (JITENDRA CHAUHAN) gsv JUDGE Shanker Gauri 2014.01.28 18:28 I attest to the accuracy and integrity of this document High Court Chandigarh