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2002 DAILYLAW 1485 (PNJ)

RAJ BALA, ETC. v. JAG MOHAN SINGH, ETC.

FAO/2193/2002 · 2026-02-02

Amarinder Singh Grewal

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Judgment text

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FAO-2193-2002 IN THE 238 Raj Bala and othe Jag Mohan Singh CORAM : HON Present: Mr. for t Ms. Mr. for r Ms. Mr. for r Mr. *** AMARINDER S 1. The seeking enhancem Claims Tribunal, award dated 29.1 @9% per annum favour on accou Suresh, who died on account of registration No.P 2002 -1- THE HIGH COURT OF PUNJAB CHANDIGARH FAO Res Pro Upl nd others Versus Singh and others HON'BLE MR. JUSTICE AMAR Mr. Varun Parkash, Advocate for the appellants. Ms. Manvi Verma, Advocate for Mr. Rajneesh Malhotra, Advocate for respondent No.2-insurance comp Ms. Neha Bindal, Advocate for Mr. Khalid, Advocate for respondent No.3. Mr. Ajit Kumar Sharma, DAG, Hary **** DER SINGH GREWAL, J. The present appeal has been filed hancement of compensation awarded bunal, Rohtak (hereinafter referred to 29.11.2001 whereby a sum of ₹5,85, nnum from the date of petition till its account of death of husband of app o died in a motor vehicular accident rash and negligent driving of No.PB/30A/9501. JAB AND HARYANA AT ARH FAO No.2193 of 2002 (O&M) Reserved on:22.01.2026 Pronounced on:02.02.2026 Uploaded on:02.02.2026 ...Appellants ... Respondents MARINDER SINGH GREWAL cate company. , Haryana. n filed by the claimants–appellants arded by the learned Motor Accident d to as “the learned Tribunal”) vide 5,85,264/- along with future interest till its realization was granted in their f appellant No.1 namely Sudesh @ ident on 20.06.1998, which occurred g of driver of a Tata 407 bearing dents llants cident vide terest their sh @ urred aring PANKAJ KUMAR 2026.02.02 17:16 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh FAO-2193-2002 2. Lear Tribunal has err month, who was completely disca upon the judgme others Vs. Natio whereby a lump managerial skill agricultural land Court in FAO No and others decid survived by his of 1/4th should b nothing has bee heads as has bee passed in Nation and thus, prays fo 3. Per insurance compa Tribunal is legal record. It is cont and the compens in accordance wi instant appeal. 2002 -2- Learned counsel for the appellan as erred in assessing the income of o was working as a Conductor in t discarding his agricultural income of udgment passed by the Hon’ble Sup ational Insurance Co. Ltd. and an lump sum compensation of Rs.2,50,0 l skills including work done by th l land as well as judgment passed b AO No.4346 of 2017 titled as Om Pati decided on 23.03.2023. It is further y his widow, two minor children and ould be made towards personal expe s been provided towards future pro as been provided by the Hon’ble Su ational Insurance Co. Ltd. Vs. Pra rays for enhancement of compensation er contra, learned counsel app company submits that the impugned legal, just, and based upon proper a is contended that the income of the de mpensation awarded under various he nce with law and thus, no interference pellants contends that the learned e of the deceased as Rs.4085/- per or in the Haryana Roadways, while me of Rs.5000/- per month. He relies Supreme Court in R. Ramya and d another 2022(4) RCR (Civil) 435 .2,50,000/- has been granted towards by the deceased in respect of his ssed by a Coordinate Bench of this Pati and another Vs. Amit Nagpal rther submitted that the deceased was and parents, therefore, a deduction l expenses. It is also submitted that re prospects and other conventional Supreme Court in the judgment . Pranay Sethi (2017) 16 SCC 680 nsation. appearing for respondent No.2 ed 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 arned per while relies and 435 wards f his f this gpal d was ction d that tional ment 680 No.2- arned ce on plied, essed in the PANKAJ KUMAR 2026.02.02 17:16 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh FAO-2193-2002 4. I ha paper book with 5. Adm as a Conductor learned Tribunal the time of accid view of the judg case (supra). Wh adopting a mult dependency com 6. In a loss of parental/ ₹18,150/- each (escalation @10% Supreme Court in 7. As i about 6 bighas of though the land certainly there is to Rs.1,50,000/ payable to the ap 8. The awarded by the from the date o 2002 -3- I have heard learned counsel for th with their able assistance. Admittedly, the deceased was work uctor and therefore, this Court retain ibunal i.e. Rs.4085/- per month. The d accident and therefore, 50% increase e judgment passed by the Hon’ble Su While making a deduction of 1/4 multiplier of 16 as adopted by the y comes to Rs. 8,82,432/-. In addition thereto, each claimant i rental/spousal/filial consortium, total each is payable towards funeral @10% every three years as per the ourt in Pranay Sethi’s case (supra)). As is evident from the available rec has of land and therefore, this Court h land remains with the claimants aft here is loss of managerial skills, thus, ,000/- towards loss of managerial skill the appellants works out to ₹13,10,732 The enhanced compensation, i.e. ov y the learned Tribunal, shall also car date of filing of the claim petition for the parties and have perused the s working in the Haryana Roadways retains the income as taken by the The deceased was 32 years of age at crease on the salary has to be made in Supreme Court in Pranay Sethi’s f 1/4th towards personal expenses and by the learned Tribunal, the annual mant is entitled to ₹48,400/- towards , totalling to ₹2,42,000/- as well as neral expenses and loss of estate er the law laid down by the Hon’ble )). ble records, the deceased was owning ourt has no hesitation in holding that nts after the death of the owner but , thus, the appellants are also entitled l skills. Thus, the total compensation ,10,732/-. i.e. over and above the compensation lso carry interest @7.5% per annum tition till its realization, payable by d the ways y the age at ade in hi’s and nnual wards ell as estate n’ble ning g that r but titled sation n nnum le by PANKAJ KUMAR 2026.02.02 17:16 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh FAO-2193-2002 respondent No.3 compensation sha 9. In v by the learned T above extent. 10. Pend February 02, 20 Pankaj* 2002 -4- t No.3. Since appellant No.5 has exp ion shall be disbursed amongst appella In view of the aforesaid facts and ci rned Tribunal is modified and the pr Pending application(s), if any, shall (AMARIN , 2026 Whether speaking/reasoned Whether reportable expired, the enhanced amount of ppellants No.1 to 4 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 nt of assed to the PANKAJ KUMAR 2026.02.02 17:16 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh