Research › Search › Judgment

High Court of Punjab and Haryana · body

2001 DAILYLAW 1485 (PNJ)

SHAKUNTLA & OTHERS v. YOG RAJ & OTHERS

FAO/3217/2001 · 2026-01-20

Amarinder Singh Grewal

body2001

Judgment text

Extracted from the PDF above. The PDF is authoritative.

FAO-3217-2001 IN THE 237 Shakuntla and ot Yog Raj and othe CORAM : HON Present: Mr. for t Mr. Mr. for r *** AMARINDER 1. The seeking enhancem Claims Tribunal, award dated 01. @9% per annum appellant No.1 accident. 2. Lear Tribunal has err month; whereas Rs.10,000/- per submitted that th whereas, conside 2001 -1- THE HIGH COURT OF PUNJAB CHANDIGARH FAO Dat and others Versus others HON'BLE MR. JUSTICE AMAR Mr. Ashok Kumar Khubbar, Advoca for the appellants. Mr. Suvir Dewan, Advocate for Mr. R.C. Gupta, Advocate for respondent No.2-Insurance Com **** DER SINGH GREWAL, J. (ORAL) The present appeal has been filed hancement of compensation awarded bunal, Karnal (hereinafter referred to a ed 01.06.2001, whereby a sum of annum was granted in their favour on No.1 namely Satbir Singh on 24.0 Learned counsel for the appellan as erred in assessing the income of hereas the deceased was working in per month, as is evident from in that the learned Tribunal has incorrec onsidering the age of the deceased, a JAB AND HARYANA AT ARH FAO No.3217 of 2001 (O&M) Date of decision:20.01.2026 ...Appellants ... Respondents MARINDER SINGH GREWAL dvocate e Company. RAL) n filed by the claimants–appellants arded by the learned Motor Accident ed to as “the learned Tribunal”), vide of ₹4,75,000/- along with interest ur on account of death of husband of 24.06.1999 in a motor vehicular pellants contends that the learned e of the deceased as Rs.4500/- per ing in the Army and was earning om income certificate Ex.P6. It is correctly applied a multiplier of 13 sed, a multiplier of 15 ought to have llants cident , vide terest nd of icular arned per rning It is of 13, have PANKAJ KUMAR 2026.01.30 10:21 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh FAO-3217-2001 been applied. It appreciate that th one of whom wa before the learne towards personal towards future pr the Hon’ble Supr Ltd. Vs. Pranay compensation. 3. Per insurance compa Tribunal is legal record. It is cont and the compens in accordance wi instant appeal. 4. I ha paper book with 5. Adm The appellants- drawing a salary income as taken b was 36 years of salary has to be m Court in Pranay 2001 -2- ied. It is further submitted that th that the deceased was survived by h om was born posthumously and moth learned Tribunal), therefore, a dedu rsonal expenses. It is also submitted ture prospects and other conventional Supreme Court in the judgment pas nay Sethi (2017) 16 SCC 680 and t er contra, learned counsel app company submits that the impugned legal, just, and based upon proper a is contended that the income of the d mpensation awarded under various he nce with law and thus, no interference I have heard learned counsel for th with their able assistance. Admittedly, the deceased was worki -claimants could not prove to t salary of Rs.10,000/- per month and t taken by the learned Tribunal i.e. Rs.5 ars of age at the time of accident and to be made in view of the judgment p anay Sethi’s case (supra). While hat the learned Tribunal failed to by his widow, five minor children, mother (arrayed as respondent No.3 deduction of 1/4th should be made itted that nothing has been provided tional heads as has been provided by nt passed in National Insurance Co. and thus, prays for enhancement of appearing for respondent No.2 ugned award passed by the learned oper appreciation of the evidence on the deceased, the multiplier applied, ous heads have been rightly assessed erence is required by this Court in the for the parties and have perused the working in the Indian Army as Naik. e to the hilt that the deceased was and therefore, this Court retains the . Rs.5136/- per month. The deceased t and therefore, 50% increase on the ment passed by the Hon’ble Supreme While making a deduction of 1/4th ed to n, No.3 made vided ed by Co. ent of No.2- arned ce on plied, essed in the d the Naik. was ns the eased n the reme th PANKAJ KUMAR 2026.01.30 10:21 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh FAO-3217-2001 towards personal of the deceased, 6. In a loss of love an ₹18,150/- each (escalation @10% Supreme Court i payable to the ap 7. The awarded by the from the date of respondent No.3 8. In v by the learned T above extent. 9. Pend January 20, 202 Pankaj* 2001 -3- rsonal expense and adopting a multip ased, the annual dependency comes to In addition thereto, each claimant i ve and affection/consortium, totall each is payable towards funeral @10% every three years as per the ourt in Pranay Sethi’s case (supra the appellants works out to ₹13,18,700 The enhanced compensation, i.e. ov y the learned Tribunal, shall also car ate of filing of the claim petition till t No.3 to the appellants-claimants in eq In view of the aforesaid facts and ci rned Tribunal is modified and the pr Pending application(s), if any, shall (AMARIN 0, 2026 Whether speaking/reasoned Whether reportable multiplier of 15 as suitable to the age mes to Rs.10,40,040/-. mant is entitled to ₹48,400/- towards ling to ₹2,42,000/- as well as neral expenses and loss of estate er the law laid down by the Hon’ble pra)). Thus, the total compensation ,18,700/-. i.e. over and above the compensation carry interest @7.5% per annum on till its realization, payable by the ts in equal ratios. and circumstances, the award passed the present appeal is allowed to the , shall also stand disposed of. ARINDER SINGH GREWAL) JUDGE ned : Yes/No : Yes/No e age wards ell as estate n’ble sation sation nnum y the assed to the PANKAJ KUMAR 2026.01.30 10:21 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh