FAO No.1441 of 2000 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH X Objection No.49-CII of 2001 FAO No.1441 of 2000 Date of Decision. 21.07.2010 New India Assurance Company Ltd., having its Regional Office at SCO 36-37, Sector 17-A, Chandigarh through its Law Office duly constituted attorney .........Appellant Versus Surinder Kaur aged 42 years wife of Avtar Singh and others .......Respondents Present: Mr. Paul S. Saini, Advocate for the appellant. Mr. R.L. Sharma, Advocate for the cross objectors. 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? -.- K. KANNAN J.(ORAL) 1. The insurance company is in appeal against the award passed rejecting its contention that the driver had only a fake driving licence. In this case, the insurance company did no more than obtain a certificate from the Licensing Authority, Cuttak to say that the driver did not have a valid driving licence. A certificate is not a public document on which any reliance could be made. The person, who issued the certificate was not examined nor was the register produced before the Tribunal. The insurance company's plea for exclusion of liability cannot, therefore, be accepted. 2. There is a cross appeal for enhancement by the claimants. FAO No.1441 of 2000 -2- The claim arose out of the death of a bachelor aged 23 years, who was said to be a driver. The claimants were parents and the sister. The Tribunal did not adopt any particular method of calculation but awarded Rs.90,000/- as just and appropriate compensation. The Tribunal ought to have made an attempt to estimate the amount claimed with reference to the evidence adduced. I would adopt a formula of what is prescribed under the Motor Vehicles Act in Schedule II and for the income and age, the amount payable would be Rs.1,88,000/-. Learned counsel appearing for the insurance company states that if any enhancement is made, the insurance company would be prepared to make the payment if the interest is waived. An amount of Rs.1,88,000/-, in my view, shall be just compensation and it shall be distributed in the same proportion in which it was awarded by the Tribunal. Since the claimants are parents and yet another claimant was sister, there is no need to keep the money in deposit. If the amount is deposited within six weeks from the date of certified copy of this order, the amount shall be distributed in the manner in the manner referred to above. If the amount is not so deposited, it shall also carry interest @7.5% from the date of the award of the Tribunal till the date of payment. 3. The appeal by the insurance company is, therefore, dismissed and the cross appeal is allowed in the manner referred to above. (K. KANNAN) JUDGE July 21, 2010 Pankaj*