FAO No.1732 of 2011 (O&M) -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1732 of 2011 (O&M) Date of Decision. 24.02.2011 Bajaj Allianz Genral Insurance Company Limited, SCO 139-140, 1st Floor, Madhya Marg, Sector 8-C, Chandigarh 160-018 through its branch manager Sh. Vikas Bhutani ......Appellant Versus Balwan Singh son of Shri Singh Ram 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 ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? -.- K. KANNAN J.(ORAL) 1. Delay of 14 days in filing the appeal is condoned. 2. The appeal is on the issue of quantum and it is contended that the extent of dependence worked out by the Tribunal was erroneous and all the claimants were major sons. This is not one of the permissible defences, which is stipulated under Section 149 of the Motor Vehicles Act. A deviation from such a principle I will not allow the insurer to take, unless the award granted is grossly disproportionate to what would have been otherwise tenable and the quantum is so wide off the mark that there must be a justification for the Court to interfere even on an issue of quantum. I do not find such a serious error, for after all the award was only for Rs.4,31,200/- for death of a motor FAO No.1732 of 2011 (O&M) -2- mechanic, aged 19 years, who was said to be earning Rs.4,200/-. It cannot be stated to be grossly excessive. 3. The award is confirmed and the appeal is dismissed. (K. KANNAN) JUDGE February 24, 2011 Pankaj*