FAO-347-2018 115 Soma Devi and Ors. Lalita Gupta and Ors. CORAM: HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN Present: HARPREET KAUR JEEWAN, J. (ORAL) 1. appellants seeking enhancement Accident Claims Tribunal, Chandigarh (hereinafter referred 'Tribunal') vide award dated 09.05.2017 2. As per the brief facts representatives of deceased 04.06.2016, when he was going on his Chandigarh. T AX-6630, which was being driven by respondent No.1 rash and negligent manner. Bhola Ram fell on the road and suffered serious injuries, which proved fatal for him; and ultimately he died in PGI, Chandigarh (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-347 with IOIN Date of decision: Soma Devi and Ors. versus Gupta and Ors. HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN Mr. Sanjeev Patiyal, Advocate for the appellants (through VC). Mr. Sanjeev Kodan, Advocate for IFFCO TOKIO Gen. Ins. Co. Ltd. HARPREET KAUR JEEWAN, J. (ORAL) The present appeal has been preferred by the claimants seeking enhancement of compensation awarded by Accident Claims Tribunal, Chandigarh (hereinafter referred vide award dated 09.05.2017. As per the brief facts, claimants representatives of deceased-Bhola Ram, who died in when he was going on his Activa Chandigarh. The deceased was hit by a car bearing registration No.CH01 6630, which was being driven by respondent No.1 rash and negligent manner. Bhola Ram fell on the road and suffered serious injuries, which proved fatal for him; and ultimately he died in PGI, IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 347-2018 (O&M) IOIN-1-FAO-347-2018 Date of decision: 30th January 2026 .....…Petitioner .......Respondent HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN Mr. Sanjeev Patiyal, Advocate for the appellants (through VC). Mr. Sanjeev Kodan, Advocate Ins. Co. Ltd. HARPREET KAUR JEEWAN, J. (ORAL) ppeal has been preferred by the claimants- of compensation awarded by the Motor Accident Claims Tribunal, Chandigarh (hereinafter referred to as the claimants-appellants are legal who died in a roadside accident on ctiva scooter near Matka Chowk, ed was hit by a car bearing registration No.CH01- 6630, which was being driven by respondent No.1-Lalita Gupta in a rash and negligent manner. Bhola Ram fell on the road and suffered serious injuries, which proved fatal for him; and ultimately he died in PGI, appellants are legal roadside accident on scooter near Matka Chowk, in a rash and negligent manner. Bhola Ram fell on the road and suffered serious injuries, which proved fatal for him; and ultimately he died in PGI, AVTAR SINGH 2026.02.02 12:04 I attest to the accuracy and integrity of this document order/judgment FAO-347-2018 2.1 I registered at Police Station, of the Indian Penal Code 2.2 The driver, owner and Insurance Company of the car contested the claim petition the Tribunal awarded a sum of Rs.33,10,188/ claimants-appellants along with interest @ 7 application till realization. 2.3 Feeling have preferred the present appeal. 3 I have heard learned counsel for the parties. 4. The Tribunal ha claimants, as per the following calculations Sr. No. Heads 1. Annual income 2. Income Tax Deduction 3. Annual Income after Income Tax Deduction 4. Deduction 5. Multiplier of '9' 6. Loss of claimant No.1 deceased 7. Funeral expenses Total Compensation Interest @ 5. This Court is inclined to enhance the compensation in view of the fact that future prospects have not been considered while calculating the dependency of the claimants, in view of the decision of the Ho Court in National Insurance Company Ltd vs. Pranay Sethi SCC 680. M (O&M) 2 In respect of the accident, FIR registered at Police Station, Sector-3, Chandigarh under Sections 279, 304 of the Indian Penal Code, 1860, against Lalita The driver, owner and Insurance Company of the car contested the claim petition; issues were framed and both the parties led th the Tribunal awarded a sum of Rs.33,10,188/ appellants along with interest @ 7½ application till realization. Feeling dissatisfied with the awarded have preferred the present appeal. I have heard learned counsel for the parties. The Tribunal has awarded a sum of Rs. as per the following calculations in Heads Compensation Awarded Annual income Rs.5,39,942/ Income Tax Deduction Rs.13,244/ Annual Income after Income Tax Deduction Rs.5,26,698/ Deduction 1/3rd [Rs.5,26,698 Multiplier of '9' [Rs.3,51,132 Loss of consortium to claimant No.1-Widow of deceased Rs.1,00,000/ Funeral expenses Rs.50,000/ Total Compensation Rs.33,10,188/ Interest @ 7½ % per annum This Court is inclined to enhance the compensation in view of that future prospects have not been considered while calculating the dependency of the claimants, in view of the decision of the Ho National Insurance Company Ltd vs. Pranay Sethi Moreover, appropriate compensation has not been granted by FIR No.89 dated 06.06.2016 was 3, Chandigarh under Sections 279, 304-A Lalita Gupta i.e. respondent No.1. The driver, owner and Insurance Company of the car contested issues were framed and both the parties led their evidence; the Tribunal awarded a sum of Rs.33,10,188/- as compensation to the ½ % per annum from the date of with the awarded compensation, claimants I have heard learned counsel for the parties. a sum of Rs. Rs.33,10,188/- to the in the present case:- Compensation Awarded Rs.5,39,942/- Rs.13,244/- Rs.5,26,698/- [Rs.5,26,698 --- 1,75,566/-]=Rs.3,51,132/- 3,51,132 x 9] = Rs.31,60,188/- Rs.1,00,000/- Rs.50,000/- 33,10,188/- This Court is inclined to enhance the compensation in view of that future prospects have not been considered while calculating the dependency of the claimants, in view of the decision of the Hon`ble Apex National Insurance Company Ltd vs. Pranay Sethi & Ors., (2017) 16 appropriate compensation has not been granted by No.89 dated 06.06.2016 was A The driver, owner and Insurance Company of the car contested ; as compensation to the % per annum from the date of , claimants to the This Court is inclined to enhance the compensation in view of that future prospects have not been considered while calculating the n`ble Apex & Ors., (2017) 16 appropriate compensation has not been granted by AVTAR SINGH 2026.02.02 12:04 I attest to the accuracy and integrity of this document order/judgment FAO-347-2018 the Tribunal on account of loss of estate, loss of consortium and funeral expenses. In view of the ratio of the aforesaid decision in Insurance Company Ltd (supra) of the age of the deceased i.e. 58 years and that he was working as a Ordinance Cable Factory, Chandigarh. His salary for the month of May, 2016 proved on record as Ex.P widow, son and daughter of the deceased; as such they are entitled for consortium (spousal Magma General Insurance Company Ram & Ors., (2018) 18 SCC 130 6. Accordingly, the decision in Insurance Company Sr. No. Heads 1. Annual income 2. Annual Income Tax 3. Annual Income after Income Tax Deduction 4. Deduction 1/3rd 5. Future prospects @ 15% 6. Multiplier of '9' 7. Funeral expenses 8. Loss of estate 9. Loss of consortium (spousal 10. Total Compensation Interest @ 7½ % per annum 7. The amount in excess of the amount awarded by the bunal shall attract interest @ 7.5% per annum from the date of filing (O&M) 3 the Tribunal on account of loss of estate, loss of consortium and funeral expenses. In view of the ratio of the aforesaid decision in Insurance Company Ltd (supra) , there is no dispute regarding t of the age of the deceased i.e. 58 years and that he was working as a Ordinance Cable Factory, Chandigarh. His salary for the month of proved on record as Ex.P-3 and Ex.P idow, son and daughter of the deceased; as such they are entitled for consortium (spousal and filial), as per the decision of Hon’ble Apex Court in Magma General Insurance Company Limited vs. Ram & Ors., (2018) 18 SCC 130.. Accordingly, in view of the circumstances and in view of the ratio of the decision in National Insurance Company Ltd (supra) Insurance Company Limited (supra), the compensation is reworked as under: Heads Compensation Annual income Rs.5,39,942/ Annual Income Tax Rs.13,244/ Annual Income after Income Tax Deduction Rs.5,26,698/ Deduction 1/3rd [Rs.5,26,698 =Rs.3,51,132/ Future prospects @ 15% [Rs.3,51,132/ = Rs.4,03,802/ Multiplier of '9' [Rs.4,03,802/ Funeral expenses Rs.18,000/ Loss of estate Rs.18,000/ Loss of consortium spousal and filial) [Rs.48,000/ Total Compensation Rs.38,14,218/ Interest @ 7½ % per annum The amount in excess of the amount awarded by the bunal shall attract interest @ 7.5% per annum from the date of filing the Tribunal on account of loss of estate, loss of consortium and funeral expenses. In view of the ratio of the aforesaid decision in National , there is no dispute regarding the determination of the age of the deceased i.e. 58 years and that he was working as a Machinist in Ordinance Cable Factory, Chandigarh. His salary for the month of April, 2016 and 3 and Ex.P-4. Claimants-appellants are idow, son and daughter of the deceased; as such they are entitled for loss of , as per the decision of Hon’ble Apex Court in Limited vs. Nanu Ram alias Chuhru n view of the circumstances and in view of the ratio of National Insurance Company Ltd (supra) and Magma General he compensation is reworked as under:- Compensation Awarded Rs.5,39,942/- Rs.13,244/- Rs.5,26,698/- [Rs.5,26,698 --- Rs.1,75,566/-] =Rs.3,51,132/- [Rs.3,51,132/- + Rs.52,670/-] = Rs.4,03,802/- 4,03,802/- x 9] = Rs.36,34,218/- Rs.18,000/- Rs.18,000/- [Rs.48,000/- x 3] = Rs.1,44,000/- ,218/- The amount in excess of the amount awarded by the Tri- bunal shall attract interest @ 7.5% per annum from the date of filing of the Tribunal on account of loss of estate, loss of consortium and funeral National he determination in April, 2016 and appellants are of , as per the decision of Hon’ble Apex Court in Ram alias Chuhru n view of the circumstances and in view of the ratio of Magma General AVTAR SINGH 2026.02.02 12:04 I attest to the accuracy and integrity of this document order/judgment FAO-347-2018 the claim petition till the realization of the entire amount. However, claimant-appellants shall not be entitled to any interest for the of delay in filing the main appeal. 8. In view of the decision by the Hon'ble Supreme Court in Parminder Singh vs. Honey Goyal & Ors., 2025 1NSC 361, calculation of the en respondent No. claimant-appellants within a period of 06 weeks from today. The particulars of the bank account(s) along with the requisite documents in support thereof shall be respondent No. today and needful shall be done by respondent No. after verification thereof within a period of four weeks with up-to-date interest. The compliance shall be reported by the Bank to the Tribunal concerned. 9. In partly allowed and the award passed by the Tribunal is modified accordingly. 10. Pending miscellaneous application IOIN shall stand disposed of. 30.01.2025 Avtar Whether speaking/reasoned Whether reportable (O&M) 4 the claim petition till the realization of the entire amount. However, appellants shall not be entitled to any interest for the of delay in filing the main appeal. In view of the decision by the Hon'ble Supreme Court in Parminder Singh vs. Honey Goyal & Ors., 2025 1NSC 361, calculation of the enhanced amount, the same shall be transferred by respondent No.3-Insurance Company in the Bank Accounts of the appellants within a period of 06 weeks from today. The particulars of the bank account(s) along with the requisite documents in hereof shall be furnished by the claimant respondent No.3-Insurance Company within a period of two weeks from needful shall be done by respondent No. verification thereof within a period of four weeks date interest. The compliance shall be reported by the Bank to the Tribunal concerned. In view of the above discussion, the present appeal is partly allowed and the award passed by the Tribunal is modified Pending miscellaneous application shall stand disposed of. [HARPREET KAUR JEEWAN] Whether speaking/reasoned : Whether reportable : the claim petition till the realization of the entire amount. However, the appellants shall not be entitled to any interest for the period In view of the decision by the Hon'ble Supreme Court in Parminder Singh vs. Honey Goyal & Ors., 2025 1NSC 361, after hanced amount, the same shall be transferred by Insurance Company in the Bank Accounts of the appellants within a period of 06 weeks from today. The particulars of the bank account(s) along with the requisite documents in furnished by the claimant-appellants to within a period of two weeks from needful shall be done by respondent No.3-Insurance Company verification thereof within a period of four weeks thereafter along date interest. The compliance shall be reported by the Bank to view of the above discussion, the present appeal is partly allowed and the award passed by the Tribunal is modified Pending miscellaneous application(s), if any, along with the [HARPREET KAUR JEEWAN] JUDGE Yes/No Yes/No In view of the decision by the Hon'ble Supreme Court in hanced amount, the same shall be transferred by Insurance Company in the Bank Accounts of the appellants within a period of 06 weeks from today. The particulars of the bank account(s) along with the requisite documents in appellants to within a period of two weeks from Insurance Company thereafter along date interest. The compliance shall be reported by the Bank to view of the above discussion, the present appeal is along with the AVTAR SINGH 2026.02.02 12:04 I attest to the accuracy and integrity of this document order/judgment