F.A.O.NO. 982 OF 2003 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.NO. 982 OF 2003 and Cross Objection No. 24-CII of 2003 Date of decision:11th October, 2010 National Insurance Company Limited through its Assistant Manager, Regional Office 1, SCO No. 332-334, Sector 34-A, Chandigarh. .......Appellant Versus Tarsem Lal and others ........Respondents BEFORE: HON'BLE MR. JUSTICE K.KANNAN Present: Mr. Balbir Singh, Advocate, ] for the appellant. Mr. Sushil Saini, Advocate, for the respondents. 1. Whether Reporters of local papers may be allowed to see the judgment? Yes/No 2. To be referred to the Reporters or not?Yes/No 3. Whether the judgment should be reported in the Digest? Yes/No K.Kannan, J.(Oral) 1. The Insurance Company is in appeal, challenging the liability on the ground that the driving licence which was produced before the Court was found to be fake and the driver and owner remained ex parte unwilling as they were to give any explanation for the evidence let in regarding the fake licences. The Tribunal has made reference to a right of recovery from the insured in the body of the judgment but has not provided the same in the relief column. The award of the Tribunal would require to be modified, therefore, to F.A.O.NO. 982 OF 2003 2 make the insurer liable only to satisfy the claimants and secure the right of recovery against the owner/insured in the execution proceedings. The appeal is allowed to the above extent. 2. There is cross objection filed by the claimants seeking for enhancement of compensation. Learned counsel for the claimants points out that the deceased was a house wife and there was evidence to the effect that she was also doing labour work. The Tribunal took the contribution to the family at Rs. 1,000/- per month and adopted a multiplier of 12 to determine the compensation of Rs. 1,56,000/-. Learned counsel states that the appropriate multiplier would have been 14. I accede to the claimant's contention and provide for compensation of Rs. 1,68,000/-. The Tribunal provided for Rs. 10,000/- towards loss of love and affection to the children, Rs. 2,000/- towards funeral expenses which I shall retain and the amount that shall become payable is Rs. 1,80,000/-. The amount determined in excess shall bear interest at 6% per annum from the date of the petition till the date of payment. 3. It is needless to state that liability shall be on the insurer and it will have a right of recovery against the insured in terms of the finding already rendered in the appeal. Cross objection is allowed on the above terms. [K.KANNAN] JUDGE 11th October, 2010 Shivani Kaushik