FAO No.3631 of 2011(O&M) -1- IN THE HIGH COURT FOR THE STATE OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.3631 of 2011(O&M) Date of Decision:18.05.2011 ICICI Lombard General Insurance Co., Sector 8-C, Chandigarh through Nigam Bajaj (Manager Law) .......Appellant Versus Karan Singh s/o Har Chand and others ......Respondents Present: Mr. R.M. Suri, Advocate for Mr. Sandeep Suri, Advocate for the appellant. CORAM: HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment? No 2. To be referred to the Reporters or not? No 3. Whether the judgment should be reported in the Digest? No K. KANNAN J. (ORAL) 1. Delay in refiling and filing the appeal are condoned. 2. The appeal is by the insurance company against an award of compensation at Rs.4,94,600/- for the claimants, who were parents of the deceased. In the manner of assessment of compensation, learned counsel for the appellant points out that higher multiplier has been adopted by the Tribunal than what the case deserved, for in the case where the claimants are parents, the appropriate multiplier must be dependent only on the age of the parents as per law laid down by the Hon'ble Supreme Court in Sarla Verma Vs. DTC 2009(6) SCC 121 and Shakti Devi Vs. New India Assurance Company Limited JT 2010(13) SC 103. 3. I am not prepared to examine this issue especially on the FAO No.3631 of 2011(O&M) -2- quantum by the fact that the insurance company cannot be heard on the issue of quantum unless it had permission defence under Section 170 of the Motor Vehicles Act. 4. The award is confirmed and the appeal is dismissed as not maintainable. (K.KANNAN) JUDGE May 18, 2011 Pankaj*