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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
DEEPAK GUPTA
Tata Aig General Insurance Company Ltd. – Appellant
Versus
Farmina – Respondent
JUDGMENT :
Deepak Gupta, J.
CM-14666-CII-2024
1. This is an application under Section 151 CPC to condone the delay of 2 days in re-filing the appeal.
Heard.
For the reasons as mentioned in the application, supported by an affidavit of the counsel for the appellant, the delay of 02 days in refiling the appeal is hereby condoned.
The application stands disposed of.
FAO-3984-2024 (O&M)
Insurance Company is in this appeal against the Award dated 16.04.2024 passed by learned Presiding Officer, Motor Accident Claims Tribunal, Nuh (hereinafter referred as 'the Tribunal'), whereby compensation of Rs. 20,93,000/- has been granted on account of death of one Maksood S/o Mihra Khan @ Mihra in a motor vehicular accident, which took place on 13.05.2014.
2. It is not in dispute that accident was caused on account of rash and negligent driving of Trolla No. HR-74A-1969, which was being driven by respondent No. 11 herein. The said vehicle was owned by respondent No. 12 herein and the same was insured by the appellantcompany.
3. Neither the rash and negligent driving of the offending vehicle nor the liability to pay the compensation amount are in dispute. The only dispute raised by the Insurance Company is in
Compensation in motor accident cases should be assessed based on actual income and future prospects, not solely on minimum wage standards.
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