FAO-5332-2017 (O [235] [1] The New In Ajit Singh ( and others [2] The New In Jasbir Kaur [3] Jasbir Kaur Rana and o [4] Ajit Singh ( Rana and o Coram : Present: 2017 (O&M) IN THE HIGH COURT OF AT CHANDIGA FAO-5332 Date of Dec New India Assurance Company Limite versus Singh (now deceased) through his LRs thers FAO-5334 New India Assurance Company Limite versus r Kaur @ Minni and and others FAO-689- r Kaur @ Minni and others versus and others FAO-690- Singh (now deceased) through his LRs versus and others HON’BLE MR. JUSTICE PA Mr. Vinod Gupta, Advocate fo in FAO-5332-2017 & FAO-53 for the respondents in FAO-68 Mr. Puneet Kumar Bansal, Ad in FAO-689-2018 & FAO-690 for the respondents in FAO-53 **** T OF PUNJAB AND HARYANA DIGARH 5332-2017 (O&M) of Decision : 02.02.2026 Limited …Appellant is LRs ….Respondents 5334-2017 (O&M) Limited …Appellant ….Respondents -2018 (O&M) …Appellants ….Respondents -2018 (O&M) is LRs …Appellants ….Respondents PANKAJ JAIN cate for the Insurance Company 5334-2017 and 689-2018 & FAO-690-2018. Advocate for the claimants 690-2018 and 5332-2017 & FAO-5334-2017. 1 RAJNEESH SHARMA 2026.02.16 18:17 I attest to the accuracy and integrity of this document FAO-5332-2017 (O PANKAJ J [1] four appeal [2] Insurance C of the claim [3] regarding q [4] titled as ‘ others and and others Motor Veh Ajit Singh 18.01.2015 No.3), who 5332-2017 [5] serving for ₹18,000/- days. [6] Ajit Singh on accoun compensati 2017 (O&M) KAJ JAIN, J. (ORAL) By way of instant order, I inten appeals. They relate to the same moto FAO-5332-2017 & FAO-5334 ance Company. FAO-689-2018 and e claimants, seeking enhancement of c In all the four appeals, the is ding quantum of the compensation aw Two different claim petitions ‘Ajit Singh (now deceased) thro and MACT No.29 of 02.05.2015 ti others versus Rana and others’ wer r Vehicles Act, 1988, seeking compe Singh and Gurmail Singh in a m .2015 caused due to rash and negligen ), who was driving car bearing regist 2017 and FAO-690-2018 relate to dea As per the claimants, Ajit S ng for more than 24 years. He wa - and was running dairy farm. H The Tribunal assessed compe ingh taking his monthly income as ccount of future prospects and hel ensation of ₹16,41,000/- along with in I intend to dispose off afore-captioned motor vehicular accident. 5334-2017 are at the behest of the and FAO-690-2018 are at the behes nt of compensation. the issue raised by the appellants is ion awarded by the Tribunal. itions i.e. MACT No.14 of 05.02.2016 ) through his LRs versus Rana and 015 titled as ‘Jasbir Kaur @ Minn were filed under Section 166 of the compensation on account of death of a motor vehicular accident dated egligent driving of Robin (Responden registration No.PB05-X-5911. FAO to death of Ajit Singh. Ajit Singh retired from Army after e was earning monthly pension of rm. He remained hospitalized for 66 compensation on account of death of e as ₹9,000/- and further added 30% d held the claimants entitled for a with interest @ 7.5% per annum from 2 tioned of the behest ants is 2.2016 a and Minni of the eath of dated ondent FAO- y after ion of for 66 eath of d 30% for a from RAJNEESH SHARMA 2026.02.16 18:17 I attest to the accuracy and integrity of this document FAO-5332-2017 (O the date of [7] perusing th the Tribuna Supreme C versus Pra Insurance SCC 130 Corporatio [8] evident tha for almost retired Arm vehicular a addition to [9] taken the m modificatio prospects n ‘14’ has be entitled for Each of the for loss of of ₹81,000 bedridden. 2017 (O&M) ate of filing of the claim petition, till t Having heard counsel for t sing the records of the case, this Court ribunal needs to be modified in terms eme Court in the cases of ‘National Pranay Sethi and Others’, 2017( rance Co. Ltd. versus Nanu Ram a 130 and ‘Sarla Verma and ot oration and another’, 2009(3) RCR From the discharge summary nt that the deceased-Ajit Singh remai lmost 09 months. He remained hosp d Army personnel, who died at the ag ular accident. Claimants assert that ion to running a dairy farm. In the absence of any evidence the monthly income of the deceased fication. Keeping in view the age ects need to be added. 1/4th deduction has been rightly applied by the Tribu led for ₹18,000/- for funeral expenses of the four claimants are also held ent ss of consortium. The claimants are 1,000/- for loss of income for 09 m idden. ₹ 15,000/- is awarded for spec , till the date of actual realization. for the parties and after carefully Court finds that the Award passed by terms of ratio of law laid down by the tional Insurance Company Limited 2017(16) SCC 680, ‘Magma Genera am alias Chuhru Ram’, (2018) 18 nd others versus Delhi Transport RCR (Civil) 77. mmary (Exhibits P-5 to P-9), it remained under continuous treatmen d hospitalized for 66 days. He was the age of 45 years owing to the motor t that he was working as a Mason idence to prove the same, Tribunal has ceased as ₹9000/-. The same needs no e age of the deceased, 25% future duction is to be applied. Multiplier of Tribunal. The claimants are also held enses and ₹18,000/- for loss of estate eld entitled for an amount of ₹48,400/ ts are also held entitled for an amoun 09 months. The deceased remained or special diet. ₹ 15,000/- is awarded 3 refully sed by by the imited eneral 18) 18 nsport is atment was a motor in nal has eds no future lier of so held estate. 8,400/- mount ained arded RAJNEESH SHARMA 2026.02.16 18:17 I attest to the accuracy and integrity of this document FAO-5332-2017 (O for attend ₹1,00,000/ time period [10] the award p [11] [12] Gurmail Si death, i.e. 5 dictum in maintained [13] [14] disposed of [15] cases. 02.02.2026 ‘R. Sharma' 2017 (O&M) attendant charges. ₹ 20,000/- ,000/- is awarded for pain and suffer period he remained on bed. The rate of interest as well as t ward passed by the Tribunal. Needless to say, anything alrea FAO No.5334-2017 and FA ail Singh. Keeping in view the age i.e. 50 years, future prospects are re m in Pranay Sethi and Others’ case ined. Appeals stand disposed off. All pending miscellaneous ap ed off. Photocopy of this order be p .2026 Whether speaking/ reasoned Whether reportable is awarded for transportation suffering faced by Ajit Singh for the ell as the apportionment shall abide by g already paid shall be adjusted. d FAO-690-2018 relate to death of he age of the deceased at the time of are reduced from 30% to 25% as per case (supra). Rest of the award is ous application(s), if any, also stands r be placed on the file of connected (PANKAJ JAIN) JUDGE : Yes/No : Yes/No 4 rtation. for the ide by ath of ime of as per ard is stands nected RAJNEESH SHARMA 2026.02.16 18:17 I attest to the accuracy and integrity of this document