FAO No.5589 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.5589 of 2011 (O&M) Date of decision: 1.9.2011 The Oriental Insurance Company Ltd. ...Appellant Versus Smt.Jagmati Chaudhary and others ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Amit Rawal, Advocate for the appellant. **** Jitendra Chauhan, J. (Oral) The appellant-Insurance Company has filed the present appeal, for setting aside the impugned Award dated 25.7.2011, passed by the learned Motor Accident Claims Tribunal, Chandigarh (for short 'the Tribunal'), whereby the claim petition was allowed and the appellant was held liable to pay the compensation amount. The impugned award has been challenged by the appellant on the grounds that the driver of the offending vehicle was not holding a valid and effective driving licence at the time of accident and the compensation awarded by the learned Tribunal is on the higher side. I have heard learned counsel for the appellant and perused the impugned Award. In respect of the first argument, the learned Tribunal has categorically observed as under:- FAO No.5589 of 2011 (O&M) 2 “The claimants have placed on record the photocopy of learner's licence Ex.P1 of deceased Sachin Aggarwal, which was valid w.e.f. 25.03.2008 to 24.9.2008. In this case, the accident was caused on 28.07.2008. No contrary evidence to prove that the said licence was not valid or effective on the date of accident has been led by the Oriental Insurance Company. The Hon'ble High Court of Rajasthan in the case titled Shivpal Singh vs. Lal Chand & Ors. IV (2010) ACC 219, held that in case of Learner's driving licence, Insurance Company cannot escape from its liability. Hence, it is held that respondent No.1, Sachin Aggarwal was holding a valid and effective learner's driving licence on the date of accident.” The deceased was a bachelor at the time of the accident. His income was assessed at `4000/- per month. He left behind his widowed mother, two young sisters and his father, who had died after his death. He was a student of 12th Class (commerce). He was the only son of his parents. There are four dependents. After taking the dependency of 2/3rd, and applying the multiplier of 14, as the age of mother was 45 years, computed the loss of dependency as `4,47,888/-, in view of the law laid down by the Hon'ble Supreme Court in Smt. Sarla Verma and others Vs. Delhi Transport Corporation and another, 2009(3) RCR (Civil) 77 . In the opinion of this Court, the same is just and appropriate in view of the facts and circumstances of the case. FAO No.5589 of 2011 (O&M) 3 Accordingly, in view of the above, this Court finds no ground to interfere in the impugned award passed by the learned Tribunal. As such, the present appeal being bereft of any merit, is dismissed in limine. The statutory amount deposited by the appellant -Insurance Company be remitted to the Tribunal for disbursement to the claimants. 1.9.2011 (JITENDRA CHAUHAN) gsv JUDGE