IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.3732 of 2009(O&M) Date of decision: 27.7.2009. New India Assurance Co.Ltd. .....Appellant Versus Darshna Devi and others ......Respondents CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Ms. Vandana Malhotra, Advocate for the appellant-Insurance Company. Rakesh Kumar Garg, J. CM No.17086-CII of 2009 For the reasons mentioned in the application, delay of 23 days in refiling the appeal is condoned. CM stands disposed of. FAO No.3732 of 2009 This is insurer's appeal challenging the impugned award passed by the Motor Accident Claims Tribunal, Rupnagar, whereby a sum of Rs.13,25,000/- has been granted as compensation to the claimants on account of death of Darshan Kumar. The only grouse raised in this appeal by the Insurance Company is that the amount awarded by the Tribunal is excessive. I have gone through the impugned award. As per the evidence produced on record, the gross salary of the deceased was Rs.11,007/- . The Tribunal after applying a cut of 1/3rd fixed the annual dependency of the deceased at Rs.88,000/- and by applying a multiplier of 15 awarded the payment of compensation at Rs.13,25,000/-. It is not in dispute that the respondents, who are five members, were dependent upon the deceased. FAO No.3732 of 2009(O&M) -2- Thus, keeping in view the totality of the facts, I am of view that the compensation granted to the respondents was just and equitable. Even otherwise, it is well settled that the appeal of the insurer on the question of quantum is not maintainable unless permission under Section 170 of the Motor Vehicles Act is granted to the insurer. Admittedly, in this case, the aforesaid permission under Section 170 of the Motor Vehicles Act was refused to the appellant. In view of the aforesaid, I find no merit in this appeal. Dismissed. The amount of Rs.25,000/- deposited in this Court as pre requisite for filing of this appeal may be transmitted to the Tribunal for further disbursement to the claimants. July 27, 2009 (RAKESH KUMAR GARG) ps JUDGE