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2019 DIGILAW 2860 (PNJ)

Sunita Sahni v. Anoop Gupta

2019-10-30

RAMENDRA JAIN

body2019
Judgment Mr. Ramendra Jain, J. (Oral):-Through this appeal, the claimants have sought enhancement ofcompensation, modifying impugned award dated 08.11.2013 of the MotorAccident Claims Tribunal, Rohtak (for short ‘the Tribunal’). 2. Briefly, on 08.10.2011, Harish Kumar son of Atma Ram agedabout 42 years, while travelling in a car bearing registration No.HR-12N-8962 from Rohtak to Shimla, met with a motor vehicle accident and died.Resultantly, his widow and legal heirs filed a claim petition under Section166 of the Motor Vehicles Act, claiming compensation of Rs.20,00,000/-for his death, before the learned Tribunal at Rohtak, who after holding trialawarded a sum of Rs.7,70,000/- but deducted 50% of the same towardsalleged contributory negligence of deceased Mohit, driver of the offendingcar. Thus, the appellants were awarded total compensation of Rs.3,85,000/-alongwith interest at the rate of 6% per annum from the date of filing ofclaim petition by the appellants till realization. 3. Learned counsel for appellants inter alia contends that theTribunal failed to appreciate that deceased Harish Kumar only being atraveller and not a driver of the aforesaid car could not have been heldguilty for contributing in causing the accident. 4. Learned counsel for Insurance Company has not been able torefute the above submissions. 5. Thus, agreeing with the contentions raised by learned counselfor appellants and calculations Mark ‘A’ submitted by him, appellants areheld entitled to compensation of Rs.4,16,272/- more, over and above theamount of Rs.3,85,000 /- already awarded by the learned Tribunal, videAward impugned herein. Respondent No. 2-Insurance Company, through itscounsel is directed to deposit the aforesaid enhanced amount ofcompensation before the learned Tribunal within one month from today,along with up-to-date interest @ 7.5% per annum from the date of filing ofclaim petition till realization, for onward disbursement to the appellant-claimants, in proportion so arrived at by it, in accordance with law againstproper receipt and identification. 6. In case aforesaid enhanced amount is not deposited withinstipulated time, Insurance Company would be liable to pay the same withinterest @15% per annum from the date of expiry of one month. Disposed of.