FAO No.3211 of 1999 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (1) FAO No.3211 of 1999 Date of Decision: 16.03.2011 Anoop (minor) through his grand-father & Anr. ...Appellants Vs. Avtar Singh & Ors. ...Respondents And (2) FAO No.3368 of 1999 United India Insurance Co. Ltd. ...Petitioner Vs. Anoop (minor) & Ors. ....Respondents. CORAM Hon'ble Mr. Justice K.Kannan, Present: Mr.Inderjit Sharma & Mr.Pardeep Bedi, Advocates, for the appellant. Mr.Arvind Bansal, Advocate, for respondents No.1 and 2. Mr.K.S.Dadwal, Advocate, for respondents No.3 and 4. None for respondents No.5 and 6. --- K.Kannan, J . (Oral) 1. This order shall dispose of above two referred appeals as common questions of law and facts involve in both these appeals and they arise out of common award. 2. FAO No.3368 of 1999 is at the instance of Insurance Company FAO No.3211 of 1999 2 who contended before the learned Tribunal that the driver did not have a valid driving licence. Learned Tribunal found that the driver did not have driving licence but there was also evidence of the owner who said that he had at the time of engaging the services of the driver seen the licence and believed the licence that he produced to be genuine. Ultimately it was the bona fides of the belief of the owner that would govern the issue of whether there have been any violation of terms of policy or not. The indemnity provided to the owner/insured in a case where the owner claimed that he engaged the services of the driver only after satisfying himself that the driver held the licence is therefore fortified and I do not find any reason to exonerate the Insurance Company. 3. As regards the quantum of compensation assessed, the deceased was aged 36 years. Claimants are father of the deceased and the son of the deceased. The wife was alleged to have already died and even the son was an adopted son of the deceased. The evidence of brother of the deceased was that the deceased was earning Rs.2500/- per month. The learned Tribunal held that the deceased was earning Rs.2000/- per month. The learned Tribunal, after making 1/3rd deduction, assessed a compensation payable to be Rs.2,30,400/-. 4. Learned counsel for the appellant seeks for reappraisal of the compensation taking the income to be Rs.2500/- per month. If there was no clear proof adduced for what is claimed now and the learned Tribunal had taken the income to be Rs.2000/- per month, I do not find any reason to modify the same. However, learned counsel for the appellants states that there are some clerical mistakes in the manner of calculation. If the amount is recalculated correctly the dependency works out to Rs.2,56,000/. Tribunal has already awarded Rs.5000/- towards funeral and transportation expenses. Thus, total compensation payable comes to Rs.2,63,500/-. The increase in the amount amount of compensation will also carry interest at the rate of 6 per cent per annum from the date of the petition till the date of realization. The enhanced amount shall be paid to the son having regard to the fact that father of the FAO No.3211 of 1999 3 deceased is also said to have died during the pendency of the proceedings. 6. The appeal filed by the Insurance Company is dismissed and the appeal filed by the claimants is allowed to the above extent. (K.Kannan) 16.03.2011 Judge rp