RELIANCE GENERAL INSURANCE COMPANY LIMITED Vs. KANIKA

JUDGEMENT

(1.) Leave Granted.

(2.) Reliance General Insurance Company Limited has filed these appeals questioning the correctness of final judgments and orders dtd. 15/10/2024 [Order in Review] passed in CM NO.16984 of 2024 and 17/1/2023 [Clarification Order] passed in CM No.13449 of 2021, by the High Court of Punjab and Haryana at Chandigarh. The order dtd. 15/10/2024 was an order passed in Review of the latter. The order dtd. 17/1/2023 was a consequence of a clarification having been sought of order dtd. 18/9/2019 passed by the High Court in FAO No.2017 of 2011 [Main Order].

(3.) The facts as necessary for disposal of the appeal are: On 2/11/2009, a motorcycle being driven by Ravinder Kumar, carrying two pillion riders, Smt. Hom Devi and Kanika respondent no.1 herein collided with a jeep, on account of the latter's rash and negligent driving. Smt. Hom Devi passed away and the other two people on the motorcycle received multiple injuries. The deceased was employed as MPHW in PHC Chhara at Village Daboda, drawing a salary of Rs.21805.00 per month. Respondent no.1 herein along with her two brothers, filed a claim petition before the Motor Accidents Claims Tribunal, Rohtak which was allowed in terms of order dtd. 9/10/2010. The amount awarded was Rs.8,80,000.00 @7.5% interest per annum, to be borne by respondents, jointly and severally.