FAO No.1735 of 2011 (O&M) -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1735 of 2011 (O&M) Date of Decision. 24.02.2011 Bajaj Allianz Genral Insurance Company Limited, SCO 139-140, 1st Floor, Madhya Marg, Sector 8-C, Chandigarh 160-018 through its branch manager Sh. Vikas Bhutani ......Appellant Versus Amrinder Singh son of Shri Kuldip Singh and others .....Respondents Present: Mr. Subhash Goyal, Advocate for the appellant. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? No. 2. To be referred to the Reporters or not ? No. 3. Whether the judgment should be reported in the Digest? No. -.- K. KANNAN J.(ORAL) 1. The appeal is by the insurance company pointing out that the Tribunal has applied a multiplier of 12, where the claimants were the sons of the deceased father, who was 50 years of age. I will not allow the insurer to urge the issue of quantum as the sole ground in appeal. This is not one of the permissible defences, which is stipulated under Section 149 of the Motor Vehicles Act. A deviation from such a principle I will not allow the insurer to take, unless the award granted is grossly disproportionate to what would have been otherwise tenable and the quantum is so wide off the mark that there must be a justification for the Court to interfere even on an issue of quantum. I do not find such a serious error, for after all the award was only for Rs.3,36,000/- and the FAO No.1735 of 2011 (O&M) -2- amount was ascertained by taking the income of the deceased at Rs.3,600/- and adopting a multiplier of 12 after deducting 1/3rd for personal expenses. 2. The award is confirmed and the appeal is dismissed. The amount deposited before this Court is ordered to be transmitted to the Tribunal to the credit of the case. (K. KANNAN) JUDGE February 24, 2011 Pankaj*