IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.90 of 1999 (O&M) Date of decision:08.10.2010 Chander Pati and others ....Appellants versus Ashok Kumar and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Shilak Ram Hooda, Advocate, for the appellants. Mr. Asim Aggarwal, Advocate, for Insurance Company. ---- 1. Whether reporters of local papers may be allowed to see the judgment ? 2. To be referred to the reporters or not ? 3. Whether the judgment should be reported in the digest ? ---- K.Kannan, J. (Oral) 1. The claimant, who preferred an appeal against the award for injuries suffered in the accident, died after the award but before preferring an appeal. In the appeal, the learned counsel wants reconsideration of the issue of compensation treating the accident as having caused death. The accident took place on 16.12.1995 and he died on 15.10.1998. The award had been passed on 07.08.1998. The proximate cause of death as resulting from an accident, when till the decision of the Tribunal, he had only injuries would be a matter of fact that has to be proved through evidence. If the case were to be decided on the adequacy of compensation treating the claim as arising from injuries, there shall be no difficulty for the Court for undertaking such an FAO No.90 of 1999 (O&M) - 2 - exercise, but the counsel wants reappraisal of the award treating the case as a claim for death arising out of an accident. This Court cannot decide without appropriate evidence therefor. The award for compensation determined for injuries shall not suffer any abatement but the matter is remitted to the Tribunal only for a consideration whether the accident injury resulted in death. If it had ensued in death, the claimant is entitled to lead such evidence before the Tribunal and the Tribunal may determine compensation appropriately therefor. In the event of a reappraisal of the award if there is any enhancement only that portion which is over and above the amount which was already determined as compensation payable for injuries shall become payable. If, on the other hand, the Tribunal finds that the death was not due to accident injury then the award passed by the Tribunal already will stand confirmed. The award is, under the circumstances,set aside to the above limited extent and remitted to the Tribunal for consideration of a case in accordance with law. Needless to state that the claimants' right to any independent appeal if the claimants are still not satisfied with the reappraisal shall not in any way hampered. 2. For appearance of parties before the Tribunal on 10.11.2010. (K.KANNAN) JUDGE 08.10.2010 sanjeev