National Insurance Co. Ltd vs Bhim Singh & Ors on 11 December, 2009

      IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
                  HARYANA AT CHANDIGARH

                                        FAO No.298 of 2009 (O&M)
                                        Date of decision: December 11, 2009.

National Insurance Co. Ltd.
                                                            ...Appellant(s)

               v.

Bhim Singh & Ors.
                                                            ...Respondent(s)

CORAM:HON’BLE MR. JUSTICE RAKESH KUMAR GARG

Present: Shri Harsh Aggarwal, Advocate, for the appellant.

Shri Parminder Singh, Advocate, for respondents No.1 & 2.

Rakesh Kumar Garg, J. (Oral):

This is insurer’s appeal challenging the impugned award dated
14.8.2008 passed by the Motor Accident Claims Tribunal, Karnal granting a
sum of Rs.4,41,500/- (Rs.4,32,000/- as compensation + Rs.9500/- as funeral
expenses, etc.) to the respondent-claimants.

The only challenge in this appeal filed by the insurer is with
regard to the quantum of compensation, as according to the learned counsel
for the appellant, there are arithmetical errors while calculating the
compensation.

Admittedly, vide order dated 3.11.2006, application filed by the
appellant under section 170 of the Motor Vehicles Act was rejected. In
view of the aforesaid fact, the appeal filed on behalf of the insurer
challenging the assessment of compensation is not maintainable. However,
keeping in view the fact that the learned counsel has only challenged the
calculations done by the Tribunal, I deem it appropriate to permit the
appellant to move necessary application before the Tribunal for making
necessary corrections in the calculations for determining the compensation
as assessed.

With aforesaid liberty, this appeal is ordered to be dismissed.

December 11, 2009.                        [ Rakesh Kumar Garg ]
kadyan                                                 Judge