FAO-2616 IN THE HIG 305 Resham Kau Amanjit Sing CORAM: H Present: - NIDHI GUP 1. and 2) and seeking enh claimant No Accident Cl vide Award dated 07.12. 1988. 2. basis of pl deceased-Ha place on 17. registration being drive 16-2022 -1- HIGH COURT OF PUNJAB AND HA m Kaur and others Versus jit Singh and others M: HON'BLE MS. JUSTICE NIDH Mr. Ruhani Chadha, Advocate f Mr. Amtiaz Sandhu, AAG, Pun I GUPTA, J. (ORAL) The appellant-claimants who a ) and elder brother (appellant No. 3) g enhancement of the compensatio nt No. 1 only/mother of deceased- ent Claims Tribunal, SBS Nagar (for ward dated 18.10.2021, passed in M 07.12.2019 filed under Section 166 Brief facts of the case are that pleadings and evidence adduce Hardeep Singh, had died in a moto 17.11.2019 due to the rash and neg ation No. PB-02-BU-9756 (hereinaf driven by respondent No. 1-Amanjit D HARYANA AT CHANDIGARH FAO-2616-2022 (O&M) Date of Decision: 05.03.2026 .…Appellants ....Respondents NIDHI GUPTA ocate for the appellants. , Punjab. who are parents (appellants No. 1 o. 3) have filed the present appeal sation of ₹63,16,252/- awarded to -Hardeep Singh by the Motor (for short ‘the learned Tribunal’) MAC Petition No. 52 of 2019 n 166 of the Motor Vehicles Act, re that the learned Tribunal on the dduced before it concluded that a motor vehicular accident that took nd negligent driving of Bus bearing ereinafter ‘the offending vehicle’) anjit Singh; owned by respondents o. 1 peal to otor ) Act, the that took ring ents RISHU KATARIA 2026.03.06 16:44 I attest to the accuracy and authenticity of this order/judgment. FAO-2616 No. 2 to 4. L No. 1/mothe filing the cla held liable to 3. was passed b 4. No. 1 that Armed Forc Insurance Fu Hon’ble Ap reproduced a 16-2022 -2- . Learned Tribunal awarded the ab /mother along with interest @ 7.5% the claim petition till actual realizati able to pay the amount of compensatio On the last date of hearing i.e. assed by this Court:- “At the very outset, it learned counsel for the appella present appeal is being pr No.1/mother of the deceased. It is inter alia submitted appellants that the deceased wa and was 23-½ years old at the that while assessing the inc certain deductions have been are not permitted as per the ju Court in National Insurance C others 2024 SCC Online SC #2636955 and National Insura Srivastava and others 2008 (1) Doc Id #135913. It is subm deductions have been made in Personal Provident Fund as Insurance Fund (AGIF), which the aforesaid judgments of the H Heard. Notice of motion for 03.3 Ms. Niharika Sharma, AA behalf of respondent Nos.2 to 4 To be shown immediately It is reiterated by learned coun that the deductions made by the learn Forces Personal Provident Fund a nce Fund (AGIF), were not to be made le Apex Court as mentioned in t uced above. the above compensation to claimant % per annum from the date of alization. All the respondents were ensation jointly and severally. ng i.e. 16.10.2025, following order t, it is very fairly submitted by pellants, on instructions, that the pressed only qua appellant itted by learned counsel for the d was a Sepoy in the Indian Army t the time of death. It is submitted income/salary of the deceased een made by the Tribunal, which he judgment of Hon’ble Supreme ce Company Ltd. vs. Nalini and SC 2252 Law Finder Doc Id surance Company Ltd. vs. Indira 8 (1) RCR (Civil) 359 Law Finder submitted that for instance the e in respect of the Armed Forces as well as the Army Group hich were not permissible as per the Hon’ble Supreme Court. 03.3.2026. a, AAG, Punjab accepts notice on to 4 and seeks time to file reply. ately after the urgent list.” counsel for the appellant-claimant e learned Tribunal under the Heads und as well as the Army Group e made in terms of judgments of the in the order dated 16.10.2025, ant e of ere rder by he nt he my ed ed ch me nd Id ira he es up er on ant eads roup f the , RISHU KATARIA 2026.03.06 16:44 I attest to the accuracy and authenticity of this order/judgment. FAO-2616 5. above said d 6. 7. qua appella compensatio structured fo Details Income Future prosp Annual inco Deduction Multiplier Amount compensatio Loss estate funeral expe Consortium Total compensati Interest 10. 05.03.2026 rishu 16-2022 -3- Learned counsel for the respon said decision in law. Heard. In view of the above, the pres ppellant/claimant No. 1-Resham K nsation payable to claimant No. 1 red formula in the following manner: Before the Tribunal ₹40,037/- per month prospects 50% ₹40037+20018 = ₹ 60,055/- l income ₹60055x12= ₹7,20,660/- Income tax ₹26,632/- ₹7,20,660-₹26,632 = ₹6,94,028 50% towards personal expenses ₹6,94,028-₹3,47,014 = ₹3,47,014/- 18 nt of nsation ₹3,47,014/- x 18 = ₹62,46,252/- estate and l expenses ₹30,000/- rtium ₹40,000/- ensation ₹63,16,252/- 7.5% per annum Pending application(s), if any, s 2026 Whether speaking/reasoned Whether Reportable respondents is unable to dispute the e present appeal is allowed only am Kaur and the amount of No. 1 is re-assessed as per the nner:- Revised compensation ₹60,281/- per month 50% ₹60281+30140.5=₹90421.5/- ₹90421.5 x 12 =₹10,85,058/- Income Tax ₹35058/- ₹10,85,058-₹35058 = ₹10,50,000/- 50% towards personal expenses ₹10,50,000-₹5,25,000 = ₹5,25,000/- 18 ₹5,25,000/- x 18 = ₹94,50,000/- ₹15,000/- each under both heads in total ₹30,000/- ₹40,000/- ₹95,20,000/- 7.5% any, shall also stand disposed of. ( NIDHI GUPTA ) JUDGE Yes/No Yes/No the RISHU KATARIA 2026.03.06 16:44 I attest to the accuracy and authenticity of this order/judgment.