FAO No.1697 of 2011 (O&M) -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1697 of 2011 (O&M) Date of Decision. 23.02.2011 Bajaj Allianz General Insurance Company Limited having its branch office at SCO No.139-140, 1st Floor, Sector 8-C, Madhya Marg, Chandigarh through Sh. Sanjay Gupta, Deputy Manager, Legal ......Appellant Versus Suraksha Sharma w/o Ram Lubhaya and others .....Respondents Present: Mr. Subhash Goyal, Advocate for the appellant. CORAM:HON'BLE MR. JUSTICE K. KANNAN 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 appeal is at the instance of the insurance company challenging the quantum of compensation assessed on the ground that the Tribunal has assessed the amount without making reference to any formula or principle but merely granted a lump sum payment to the mother, aged 47 years. It was her contention that her son was doing tuition work and was earning Rs.15,000/-. While the manner of disposal by the Tribunal is far from satisfactory, I will still not find any reason to interfere with the same as the appeal is not maintainable at the instance of the insurance company challenging the quantum. 2. Learned counsel for the appellant states that the sitting capacity of the vehicle was four but more passengers than sitting FAO No.1697 of 2011 (O&M) -2- capacity were travelling along with the deceased. If the claim arises only at the instance of representatives of only one of the passengers unless there was a finding recorded on submission made that the accident had taken place only on account of over-crowding, it will not absolve the insurance from a liability. 3. The award is confirmed and the appeal is dismissed. The amount deposited before this Court is ordered to be transmitted to the Tribunal to the credit of the case for appropriate withdrawal at the instance of the claimants. (K. KANNAN) JUDGE February 23, 2011 Pankaj*