New India Insurance Company vs Smt. Sunder Pati And Others on 17 August, 2009

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                                        FAO No.260 of 2009(O&M)
                                        Date of decision: 17.8.2009

New India Insurance Company                        ......Appellant(s)

                                Versus

Smt. Sunder Pati and others                        ......Respondent(s)

CORAM:- HON’BLE MR.JUSTICE RAKESH KUMAR GARG

* * *
Present: Mr. Vikas Chatrath, Advocate for the appellant.

Rakesh Kumar Garg, J(Oral)

This is insurer’s appeal challenging the impugned award

passed by the Motor Accident Claims Tribunal, Jhajjar whereby the

respondent-claimants No.1 to 5 have been allowed compensation on

account of death of one Om Parkash in a motor vehicular accident caused

due to rash and negligent driving of respondent No.6.

The only ground raised before this Court by the learned

counsel for the insurer is that the quantum of compensation granted to the

respondents is excessive because of applying a higher multiplier and

granting reimbursement of medical expenses of deceased to which he was

not entitled to being an employee of DTC.

I have heard learned counsel for the appellant.

The appeal filed by the insurer on the question of quantum is

not maintainable as the aforesaid ground is not available to the insurer

under Section 149(2)of the Motor Vehicles Act, 1988. Moreover, it is not

the case of the appellant that they were allowed under Section 170 of the

Motor Vehicles Act to raise all the grounds/defence as available to owner

and driver of the offending vehicle.

In view thereof, I am not inclined to entertain this appeal.

Dismissed.

August 17, 2009                        (RAKESH KUMAR GARG)
ps                                                JUDGE