FAO-5431-2004 IN T 211 Smt. Geeta Devi Pawan Kumar an CORAM: HON Present: Ms. Mr. for t Mr. for r **** AMARINDER S 1. The challenging the Claims Tribunal, enhancement of along with intere on account of de accident that to respondent No.4 2. Lear Singh, husband o was working as However, the lea discarding the tes 2004 (O&M) -1-


IN THE HIGH COURT OF PUNJ AT CHANDIGA Devi and others Versus and others HON’BLE MR. JUSTICE AMARIN Ms. Bhumika Khatri, Advocate and Mr. R.D. Yadav, Advocate for the appellants. Mr. Vinod Gupta, Advocate for respondent No.6-insurance comp **** DER SINGH GREWAL, J. (ORAL The instant appeal has been fi g the award dated 04.09.2004 passe ibunal, Rewari (hereinafter referred to nt of compensation of Rs.3,60,000/ interest @6% per annum from the d t of death of husband of appellant No hat took place on 25.03.2002 due t No.4. Learned counsel for the appellants band of appellant No.1 was aged 25 ng as a mason and was earning Rs the learned Tribunal assessed his inco the testimonies of material witnesses, PUNJAB AND HARYANA
DIGARH FAO-5431-2004 (O&M) Date of Decision:27.03.2026 …Appellants …Respondents ARINDER SINGH GREWAL and company. RAL) een filed by the appellants-claima passed by the learned Motor Accid rred to as the learned Tribunal) seek ,000/- awarded by the learned Tribu the date of institution till its realizati ant No.1, who died in a motor vehicu due to rash and negligent driving ellants contends that the deceased-Ka ed 25 years at the time of accident, w ng Rs.9000/- to Rs.10,000/- per mon is income at Rs.2400/- per month wh esses, who duly proved the income of
.2026 ents claimants Accident seeking Tribunal alization, vehicular riving of Karan dent, who er month. nth while me of the PANKAJ KUMAR 2026.04.02 16:38 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh FAO-5431-2004 deceased. Furthe the judgment p Company Ltd. V have been applie the time of accid of 1/4th ought to awarded towards funeral expenses of compensation 3. Per submits that the irregularity or inf the basis of the contended that no 4. I ha with their able as 5. In th income of the d however, future down by the Ho view the fact tha personal expense deceased, who w dependency com ₹48,400/- toward 2004 (O&M) -2-


Furthermore, nothing was provided to ent passed by the Hon’ble Suprem td. Vs. Pranay Sethi (2017) 6 SCC 6 applied as suitable to the age of the de accident, instead of 17. There are fiv ught to have been made towards pe owards conventional heads viz; loss enses and loss of estate are also asses sation requires enhancement. Per contra, learned counsel for res at the award passed by the learned T or infirmity, and that the findings rec of the material available before the l that no ground is made out for interfer I have heard learned counsel for th able assistance. In the absence of any documentary the deceased taken by the learned uture prospects @ 40% is to be adde he Hon’ble Supreme Court in Pranay act that there are five dependents, a d xpenses and a multiplier of 18 is app who was 25 years of age at the ti y comes to Rs.5,44,320/-. In addition towards loss of love and affection/con ided towards future prospects in terms upreme Court in National Insura C 680 and the multiplier of 18 ough the deceased, who was 25 years of ag are five dependents and thus, a deduct rds personal expenses and the amou ; loss of consortium/love and affecti o assessed at lower side, thus, the amo for respondent No.6-insurance compa rned Tribunal does not suffer from a s recorded therein are well-reasoned the learned Tribunal. It is accordin nterference in appeal. for the parties and examined the reco entary evidence, this Court affirms arned Tribunal as Rs.2400/- per mon e added thereon, in view of the law anay Sethi’s case (supra). Keeping ts, a deduction of 1/4th is made towa is applied, as suitable to the age of the time of accident. Thus, the to dition thereto, each claimant is entitl on/consortium, totalling to ₹2,42,000/
terms of surance 8 ought to of age at deduction amounts affection, e amount company from any asoned on cordingly record, firms the er month, law laid eeping in e towards ge of the the total entitled to 2,000/- as PANKAJ KUMAR 2026.04.02 16:38 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh FAO-5431-2004 well as ₹18,15 (escalation @10 Supreme Court payable to the ap 6. The awarded by the l the date of filing No.6 to the appel 7. In v modified and the 8. Pend March 27, 2026 Pankaj* 2004 (O&M) -3-


150/- each is payable towards fu @10% every three years as per th t in Pranay Sethi’s case (supr the appellants works out to ₹8,22,620 The enhanced compensation, i.e. o y the learned Tribunal, shall also carr filing of the claim petition till its rea appellants-claimants in equal ratios. In view of the aforesaid, the award nd the present appeal is allowed to the Pending application(s), if any, shall (AMARIN , 2026 Whether speaking/reaso Whether reportable rds funeral expenses and loss of est per the law laid down by the Hon’ supra)). Thus, the total compensat 2,620/-. , i.e. over and above the compensat so carry interest @7.5% per annum its realization, payable by the respond atios. award passed by the learned Tribuna to the above extent. , shall also stand disposed of. ARINDER SINGH GREWAL) JUDGE g/reasoned : Yes/No : Yes/No
of estate Hon’ble pensation pensation from espondent ribunal is PANKAJ KUMAR 2026.04.02 16:38 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh