Saurabh Malik
Chandigarh, September 1
An insurance company, which moved the Punjab and Haryana High Court against compensation awarded to a victim’s family in an accident case by a claims tribunal, will end up paying an additional Rs 1.80 lakh along with interest.
The direction to the insurance company to pay the amount on its own appeal came after Justice Arvind Singh Sangwan of the High Court took suo motu cognisance of the fact that the victim’s family had not been granted medical expenses.
Medical expenses not paid
In exercise of suo motu power, considering the fact that the tribunal did not grant any amount on account of the medical treatment, attendant, diet etc, it is directed that the insurance firm will pay Rs 1.8 lakh more along with annual interest at the rate of 7.5% as awarded by the tribunal. —Justice Arvind Singh Sangwan
ICICI Lombard General Insurance Company, formally known as Bharti AXA General Insurance Company Limited, had challenged award dated February 15 passed by the Ropar Motor Accident Claims Tribunal granting Rs 22, 59,600 to the respondent-claimants. The victim, working as a security guard in a college, had sustained injuries after the motor cycle he was riding was hit by an SUV on December 14, 2018. He died on December 22, 2018, in a hospital.
Finding no merit in the insurance company’s appeal, Justice Sangwan asserted that widow Kirandeep Kaur’s statement made it evident that victim Manpreet Singh, 29, was earning Rs 12, 000 as salary and another Rs 15,000 per month by giving tuition to children. She stated that Rs 2 lakh was spent on the victim’s treatment. She also produced on record the victim’s training certificate, matriculation and 10+2 certificates.
Justice Sangwan said: “The tribunal has rightly assessed the income of the (now) deceased. However, it is worth noticing that the tribunal did not award any amount towards the medical expenses, which were borne by the claimants during the period of treatment of deceased Manpreet Singh.”
In his detailed order, Justice Sangwan added specific record had not been produced in the shape of the medical bills. Yet, the victim remained in a government hospital for about nine days. As such, the claimants must have spent at least Rs 20, 000 daily towards medical expenses, diet, attendant as well as transportation as the victim was a Ropar resident, but remained admitted to the PGI, Chandigarh.
“Since, this appeal is dismissed in limine (at the threshold) and no appeal by the claimant is filed, in exercise of its suo motu power, considering the fact that the tribunal did not grant any amount on account of the medical treatment, attendant, diet, transportation charges, it is directed that the appellant-insurance company will pay an additional amount of Rs 1, 80,000, along with annual interest at the rate of 7.5 per cent as awarded by the tribunal,” Justice Sangwan concluded.
