IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
FAO No.5108 of 2009 (O&M)
Date of decision: October 26, 2009.
National Insurance Co. Ltd. ...Appellant(s)
v.
Karamjit Kaur & Ors. ...Respondent(s)
CORAM:HON’BLE MR. JUSTICE RAKESH KUMAR GARG
Present: Shri Ashwani Talwar, Advocate, for the appellant.
Rakesh Kumar Garg, J. (Oral):
CM No.24946-CII of 2009
After hearing learned counsel for the appellant, delay of one
day in filing this appeal is condoned.
Civil Misc. application is disposed of.
FAO No.5108 of 2009
This is insurer’s appeal challenging the impugned award
whereby the claimant/respondent No.1 has been awarded compensation of
Rs.2 lacs on account of death of her 18 years old son, Manjit Singh, caused
in a motor vehicular accident involving Indica car No. PB-11-X-9997, being
driven by respondent No.2.
The only argument raised by the appellant in this case is that
the compensation of Rs.2 lacs awarded by the Tribunal under Section 163-A
of the Motor Vehicles Act, 1998 is not as per the structured formula as per
Schedule of the Act and, thus, the impugned award is liable to be set aside.
There is no merit in this contention as the appellant-insurance
company cannot maintain this appeal to challenge the impugned award on
the question of quantum as no such ground/defence is available to the
appellant-company as envisaged under Section 149 of the Act.
No other point was raised.
Dismissed.
October 26, 2009. [ Rakesh Kumar Garg ] kadyan Judge