FAO No. 5872 of 2009 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 5872 of 2009 (O&M) Date of Decision: 10.3.2010 ICICI Lombard General Insurance Company Limited ....Appellant Versus Anita Devi and others ...Respondent CORAM : Hon'ble Mr. Justice Rajesh Bindal Present:- Mr. Subhash Goyal, Advocate for the appellant. RAJESH BINDAL, J Insurance Company is in appeal challenging the award of learned Motor Accident Claims Tribunal, Narnaul, whereby the family of deceased Hari Om Singh i.e. his parents, widow and daughter have been awarded compensation of Rs. 12,20,000/- in total. The deceased was employed with Assam Rifles. The accident in question took place on November 15, 2006. His salary certificate produced on record showed his income at Rs. 6,766/- per month. Considering the fact that 6th pay commission had come vide which infact from 1.1.2006 the salary of government employees was increased, learned Court below took judicial notice thereof and granted 25% increase thereon. It is sought to be submitted by the learned counsel for the Insurance Company that without there being any evidence such as increase could not be granted by the Tribunal. Another ground raised to challenge the award is grant of expenses for funeral, loss of consortium and loss of love and affection, which is stated to be on higher side. It is submitted that no application under Section 170 of the Motor Vehicles Act, was filed seeking permission to defend the case taking all the pleas as are available to the driver and owner of the vehicle. Firstly in the absence of any permission under Section 170 of the Act, challenge to the award on quantum is not maintainable. Even otherwise in my opinion no illegality has been committed by the learned Tribunal in taking judicial notice of the revision of the pay by the 6th pay commission w.e.f. 1.1.2006, when the salary certificate of the deceased produced on record was prior to the period of revision and he was government employee working in Assam Rifles. No interference is called for even with regard to the grant of expenses for funeral, loss of consortium and loss of love and affection . For the reasons mentioned above, I do not find any merit in the present petition and the same is dismissed. Since the appeal is lacking merit, FAO No. 5872 of 2009 (O&M) 2 the application for condonation of delay is also dismissed. The amount deposited along with appeal be transferred to Motor Accident Claims tribunal, Narnaul, for disbursement to the claimants. (RAJESH BINDAL) 10.3.2010 JUDGE Reema