FAO-4231 124 THE ORIE SMT. SAPN ! the insurer by the M Gurugram 4. Yatender w 4231-2024 (O & M) FAO # ORIENTAL INSURANCE COMPAN SAPNA DEVI AND OTHERS ( ))* !! #$%#!!! !" &!! filed under t surer of the offending vehicle assailin Motor Accident Claims Tribun gram. Facts are not in dispute. On nder were travelling on a motorcycle, w FAO-4231-2024 (O & M) #"$%&"'!$ )+)) MPANY LTD '(() *'+)')& !!!!" ! nder the Motor Vehicles Act, 1988, ssailing award dated 02.04.2024 passe Tribunal (for short “the Tribunal” . On 16.09.2018, Sanjay Singh an ycle, which was hit by a Canter bearin )& )& , by passed bunal”), gh and bearing Sheetal 2025.02.11 18:55 I attest to the accuracy and authenticity of this order/judgment High Court, Chandigarh FAO-4231 No.HR-38 motorcycle the hospita 17.09.2018 claimants/r mother of t dressed tria were depen rash and ne owned by issued by th 5. dependency * ,-$. 0! entitled to and on failu date of rec interest @1 company. 6. argument. H his death, f widow-resp 4231-2024 (O & M) ) 38-X-8396. Due to the negligent rcycle riders sustained injuries and Sa hospital. On the statement of an .2018 was lodged under Section ants/respondents No.1 to 4, who ar er of the deceased, filed a claim petiti trial, Tribunal reached at the conc dependent upon the deceased and th and negligent driving of the canter by d by respondent No.6 and was ins d by the appellant. Taking into account the age ndency of ) $ $.--/1 & !2!!# #3 all the three responde ed to interest @7.5% per annum from n failure to deposit the amount within receipt of the bank account par est @10% per annum with yearly re any. Mr. D.P. Gupta, counsel for t ent. He states that the deceased was e eath, family pension of Rs.13,070/- respondent No.1 as is evident from ligent driving by the Canter, both th Sanjay Singh was declared dead f an eye witness, FIR No.36 date ections 279 and 304-A, IPC. Th ho are the wife, minor children an petition before the Tribunal. After conclusion that respondents No.1 to and that Sanjay Singh died due to th ter by respondent No.5. The vehicle wa as insured under a policy Ex.PW- e age and income of the deceased, th 3" 3! " spondents and the claimants were he from the date of filing of the petitio within a period of two months from th nt particulars from the complainant arly rests was levied on the insuranc l for the appellant has raised two fo was earning a family pension and aft was sanctioned in the name of h from Ex.PX. He urges that the fami oth the dead at 6 dated C. The ren and full o.1 to 4 e to the icle was -4/1 sed, the 2 ere held petition rom the lainants, surance wo fold nd after e of his e family Sheetal 2025.02.11 18:55 I attest to the accuracy and authenticity of this order/judgment High Court, Chandigarh FAO-4231 pension be compensati Tribunal ha case of no months fro excessive. 7. appellant. 8. Corporatio pension is e his contribu by the heirs than accide this judgm Company L that deduct on account The main r account of be said that deceased on dictum of deserves to 4231-2024 (O & M) , ion being drawn by the widow ensation payable to the claimants. nal has awarded a penal interest of 10 of non-deposit of the compensation hs from the date of receipt of the b ssive. I have considered the submi llant. In Helen C. Rebello Vs. Ma ration and another (1999) 1 SCC 90 ion is earned by an employee for the b ontribution in the service in terms of e heirs after his death. The heirs recei accidental death and there is no co-rel judgment, in Sebastiani Lakra and any Ltd. and another (2019) 17 SC deductions cannot be allowed from th ccount of insurance, or on account main reason is that all these amount unt of contractual relations entered into id that these amounts accrued to the d ased on account of his death in a moto m of the Supreme Court, the first ves to be and is rejected. dow has to be deducted from ants. Secondly, he contends that th of 10% per annum with yearly rests sation amount within a period of tw the bank particulars, which is high submission made by counsel for th Maharashtra State Road Transpo C 90, Supreme Court held that fami r the benefit of his family in the form o ms of the service conditions, receivab s receive family pension even otherwis relation between the two. Followin and others Vs. National Insuranc 7 SCC 465, Supreme Court observe rom the amount of compensation eith unt of pensionary benefits or gratuit mounts are earned by the deceased o ed into by him with others and it cann the dependents or the legal heirs of th a motor vehicle accident. In view of th first argument raised by Mr. Gup the that the rests in of two s highly for the nsport t family form of ceivable therwise llowing rance bserved n either gratuity. ased on t cannot rs of the w of the . Gupta Sheetal 2025.02.11 18:55 I attest to the accuracy and authenticity of this order/judgment High Court, Chandigarh FAO-4231 9. counsel for interest of realization. of interest, deserves to 10. interest @1 award of 1 insurance c months fro claimants. Tribunal ar 11. application 4 - -, 4231-2024 (O & M) * However, there is substance i sel for the appellant. Tribunal has est of 10% per annum with yearly r ation. The award of interest with yea terest, which is not permissible. This ves to be altered. In view of the above discussi est @10% per annum with yearly rest d of 10% simple interest from the ance company fails to deposit the from the date of receipt of the ants. The remaining findings and nal are affirmed. With the above modificati cations are disposed of. -, 56! / 7/ 5*2 7/ tance in the second argument raised b clearly erred in imposing a pen early rests from the date of award ti th yearly rests amount to compoundin This portion of the award, therefor iscussion, the award insofar as grant o ly rests is modified and shall be read a the date of the award, in case, th t the amount within a period of tw f the bank account particulars of th and the compensation awarded by th ification, appeal and miscellaneou - . /) /) aised by a penal ard till ounding erefore, grant of read as ase, the two of the by the llaneous Sheetal 2025.02.11 18:55 I attest to the accuracy and authenticity of this order/judgment High Court, Chandigarh