FAO No.2597 of 1999 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2597 of 1999 DATE OF DECISION: February 25, 2011 UNITED INDIA INSURANCE COMPANY LIMITED ...APPELLANT VERSUS SHAKUNTLA DEVI AND OTHERS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE K.KANNAN. 1. Whether reporters of local papers may be allowed to see the judgement? Yes/No 2. To be referred to the reporters or not? Yes/No 3. Whether the judgement should be reported in the digest? Yes/No ---- PRESENT: MR. V. RAMSWAROOP, ADVOCATE FOR THE APPELLANT. NONE FOR THE RESPONDENTS. K.KANNAN, J.(ORAL) The appeal is by the insurance company on the ground that the driver did not have a valid driving licence. The insurance company had produced a certification that the copy of the licence produced before the Tribunal was not genuine. Before the Licencing Authority, Jaipur. When an application had been filed for appointment of an Advocate- Commissioner for securing evidence from the licencing authority, the same was dismissed. The issue of validity of driving licence is definitely relevant and one of the permissible defences available to the insurance company to deny the right to indemnity to the insured. I am of the view that the insurance company shall have the benefit of adducing an appropriate evidence by summoning the authority and adducing evidence with reference to the relevant documents. The case has to, therefore, be remanded for FAO No.2597 of 1999 -2- adjudication which is essentially one of the inter-se dispute between the insurer and the insured. There is x-objection for enhancement of claim for compensation. Counsel for the appellant is not present, however, I find that the deceased was a Government employee drawing about `6000/- and the Tribunal after providing for 1/3rd deduction, adopted a multiplier of 5 to determine the compensation at `2,40,000/-. In my view, the multiplier would have been 9 in terms of the decision of the Hon'ble Supreme Court in Sarla Verma vs. DTC, reported as 2009 6 SCC 121. I would adopt a multiplier of 9 and hold the compensation payable at `4,32,000/- and add another `8000/- for conventional heads and take the compensation payable at `4,40,000/-. The Tribunal has awarded `2,40,000/- and the additional amount of 2 lacs shall attract interest @ 6% from the date of petition till the date of payment. The same shall be distributed equally amongst the wife and the children only. The liability of the insurance company shall subsist for making the payment of the additional compensation an the issue whether the insurance company will be able to obtain recovery of the same from the insured and the driver, will obtain by the result of adjudication after remand on the question of validity of driving licence. The appeal is allowed and remanded for disposal according to law and the x-objection is also allowed in the manner referred to above. For appearance of parties before the Tribunal at Faridabad on 26.3.2011. February 25, 2011 (K.KANNAN) Gulati JUDGE