FAO No. 1703 of 2011 (O&M) FAO No. 1706 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH FAO No. 1703 of 2011 (O&M) Date of decision March 9, 2011 Reliance General Insurance Co.Ltd. ....... Appellant Versus Gurdarshan Kaur and others ........Respondents FAO No. 1706 of 2001(O&M) Reliance General Insurance Co.Ltd. ....... Appellant Versus Gurdarshan Kaur and others ........Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Ms. Vandana Malhotra , Advocate for the appellant. **** 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. Both these appeals are connected FAO No.1703 of 2011 is for claim for compensation for death of a male aged 43 years. FAO No.1709 of 2001 was for damage to the car. 2, The contention raised by the counsel for the appellant is that brother of the deceased had made a statement that no one was responsible for the accident and entry to the said effect was entered in the DDR on the basis of which the investigation was closed. No action had been taken against the driver of the insured's vehicle. The explanation given before the Tribunal by the brother was that signatures FAO No. 1703 of 2011 (O&M) FAO No. 1706 of 2011 (O&M) 2 had been taken on blank papers and no criminal case had been registered against the insured's vehicle. FIR had been lodged after two months and the person who claimed to be an eye witness was confronted with the fact that he had not been examined by the police, suggesting that he was not at all an eye witness. The involvement of the vehicle itself was not in question. I will not allow this point to be taken as a serious issue in a case that there resulted a death and the degree of proof of negligence especially after statute had introduced a strict liability norm through an amendment of the Motor Vehicles Act is indeed minimal. If the Tribunal had therefore found that negligence of the driver of the insured's vehicle had been established, I will find no reason to interfere with the same unless weighty evidence to the contrary to displace such an inference are given. A statement alleged to have been given by the brother of the deceased that the accident had not been caused on account of negligence of any party cannot be taken as conclusive when the issue falls for consideration before a Tribunal. This accident had resulted in death of two persons and I cannot take the view that it occurred from the blue. Learned counsel states that even the age was not properly proved. The Tribunal took the evidence of the wife of the deceased to determine the age and had also reasoned that going by the age of the claimant herself and also age of the children the deceased must have been between the age of 40 to 45years. This is strenuously contested that he was an educated person and better proof of age must have been given. The Tribunal had gone with the evidence available as regards the entry of age in the post mortem certificate. I will let it remain and therefore take a multiplier adopted by the Tribunal as appropriate and would not take it for fresh consideration. As regards the claim for compensation for death, only two objections have been taken both of which have failed. The appeal is, therefore, dismissed. FAO No. 1703 of 2011 (O&M) FAO No. 1706 of 2011 (O&M) 3 3. As regards the claim for compensation in FAO No.1706 of 2011 for damage to the vehicle, the insured's value of the vehicle at the time of insurance was `75,000/- and there was also a report of motor mechanic who had assessed the value of the vehicle at the time to be `55,000/- and that it was beyond a state of repair. The Tribunal therefore took the value of the vehicle to be `20,000/- and after deducting the same from the value as found in the policy, made an award of compensation for the balance namely `55,000/-. I cannot find any fault in the manner of assessment. The awards are confirmed and the appeals are dismissed. (K. KANNAN) JUDGE March 9, 2011 archana