FAO No.5459 of 2010 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.5459 of 2010 Date of Decision : 25.11.2011 Smt. Saraswati and another .......Appellant Versus Ashok Kumar @ Pappu and others .......Respondents CORAM:- HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. B.S. Rana, Advocate, for the appellants. Mr. D.P. Gupta, Advocate, for respondent No.3. **** JITENDRA CHAUHAN, J. (ORAL) CM No.24068-CII of 2011 For the reasons mentioned in the CM application, the same is allowed subject to all just exceptions and the copy of the Award dated 6.1.2010, passed by the learned Motor Accident Claims Tribunal Jhajjar, is taken on record as Annexure ‘A’. Main case Heard learned counsel for the parties and perused the record. The present appeal assails the findings recorded by the learned Motor Accident Claims Tribunal, Rohtak, vide impugned 1 FAO No.5459 of 2010 Award dated 4.1.2010, primarily on two grounds, i.e. the quantum and the liability. As regards the quantum, it is made out from the perusal of the impugned Award that the deceased was 60 years of age at the time of his death in the accident, which took place on 21.06.2006. The learned Tribunal has assessed his income to the tune of `3,600/- per month. Deduction on account of personal expenses has been assessed at 1/3rd. The multiplier of 9 has been applied which is in consonance with the law laid down by Hon’ble the Apex Court in Smt. Sarla Verma and others Vs. Delhi Transport Corporation and another, 2009(3) RCR (Civil) 77. Another amount of `10,800/- has been allowed on account of transportation of dead body and funeral expenses. In the considered opinion of this Court, the compensation awarded by the learned Tribunal has been assessed on the basis of the facts and circumstances of the present case which is just and adequate and therefore, no case for enhancement is made out. As regards the question of liability, a perusal of the Award dated 06.01.2010, passed by the learned Tribunal at Jhajjar, arising out of the same accident dated 21.6.2006, involving the same vehicles, the Insurance Company has been held liable to pay the awarded amount of compensation along with the driver and the owner of the offending vehicle. Even otherwise also, in the cases where the Insurance Company is not held liable to indemnify the claimants, the awarded amount can be recovered by the claimant from the Insurance 2 FAO No.5459 of 2010 Company, and the latter can recover the same from the driver and the owner of the offending vehicle, so that the claimants may not suffer. Similar view has been taken by this Court in New India Assurance Co. Ltd. Vs. Narender Singh and others, 2010 ACJ 2872, which relied upon the judgment rendered by Hon’ble the Apex Court in New India Assurance Co. Ltd. Vs. Kamla, (2001) ACJ 843 (SC). In this view of the matter, the present appeal is partly allowed and the Award of the learned Tribunal is modified to the extent that the Insurance Company shall be liable to indemnify the claimants with a liberty to recover the same from the owner and driver of the offending vehicle. ( JITENDRA CHAUHAN ) 25.11.2011 JUDGE atulsethi Note: Whether to be referred to reporter ? Yes/No 3