FAO No.586 of 2003 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** Date of decision : 29.9.2010 1. FAO No.586 of 2003 National Insurance Co. Ltd. ..........Appellant Vs. Smt. Raj Rani and others ..........Respondents 2. FAO No.1750 of 2003 Smt. Raj Rani and another .....Appellants Vs. Kehar Singh and others .......Respondents CORAM : HON'BLE MR. JUSTICE K.KANNAN 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? ***** Present:- Mr.Jagtar Kureel, Advocate, and Mr. D.P.Gupta, Advocate, for the appellant (for Insurance Company in FAO No.1750 of 2003) Mr. Ajit Attri, Advocate, for Mr. Ashit Malik, Advocate, for the respondents (for appellants in FAO No.1750 of 2003) Mr. Kunal Garg, AAG, Haryana --- K.KANNAN, J (ORAL) :- The Insurance Company is in appeal challenging the direction given by the Tribunal on its finding that the licence produced by the driver was fake and for recovery by seperate FAO No.586 of 2003 -2- proceedings. This is not contemplated in the scheme of things and it has come by means of judicial disposition in 'New India Assurance Co. v. Kamla, 2001 (4) ACC 342' that the recovery could be done in execution proceedings in the same case before the Tribunal. The modification ordered through this judgment is only that Government itself has not preferred an appeal against the liability cast on it and on the finding that the license was fake, the Insurance Company shall not be required to file an independent suit for recovery but it may apply in execution for recovery of the same. There is a cross appeal for enhancement by the claimants in FAO No.1750 of 2003. The deceased was an ITI student aged 20 years. The claimants were parents. The Tribunal took the income to be Rs.15000/-P.M. and adopted a multiplier of 11. I would, instead apply the scale of compensation provided in Schedule 2, take the income notionally at Rs.15,000/-provide for a 1/3rd deduction for personal expenses and take the contribution to the family at Rs.10,000/-annually and adopt a multiplier of 16 and determine the loss of dependency at Rs.1,60,000/-. I will add Rs.4500/-as going towards the conventional heads viz.; loss to estate and funeral expenses provided under Schedule 2 and awarded Rs.1,64,500/-as the amount payable to the claimants. The Tribunal has already awarded Rs.1,42,000/-. The amount in excess shall attract interest @ 6% P.A. from the date of petition till date of payment. The additional amount shall be borne jointly and severally by the insurer and the owner, namely the State of Haryana. If the amount is to be recovered from the insurer, the insurer shall be at liberty to claim the refund in FAO No.586 of 2003 -3- execution proceedings. Both the appeals are allowed in the manner, referred to above. The amount of Rs.25000/-, which is deposited by the Insurance Company shall be transmitted to the Tribunal, Karnal and applied for satisfying the additional amount awarded to the claimants. The cross appeal is allowed particularly on the above terms. (K.KANNAN) 29th Sep., 2010 JUDGE akm