FAO-6912 116 SHASHI D SUKHBIR CORAM: Present: PARMOD 1. being the w referred to on 04.04.20 1 while driv 2. 3. advance no service. 4. passed by referred to entitled to t 6912-2019 IN THE HIGH COURT OF P AT CHANDIGA SHI DEVI AND OTHERS VERSUS HBIR SINGH AND OTHERS AM: HON'BLE MR. JUSTICE PA Ms. Nidhi Dahiya, Advocate fo Mr. Deepender Singh, Advocat for the appellant. Mr. Imran Ahmed Ali, Advoca for respondent No.3. MOD GOYAL, J. (ORAL) Present appeal has been prefe the wife and children of the deceased red to as the “deceased”), who died in 4.04.2017, on account of rash and neg ile driving truck bearing registration N Notice of motion to responden Mr. Imran Ahmed Ali, Advoc nce notice, accepts notice on behalf Being aggrieved by the imp d by the Motor Accident Claims red to as “Tribunal”), vide which the led to total compensation of Rs 11,72,6 - T OF PUNJAB AND HARYANA IGARH FAO-6912-201 Date of Decision: 19.01.202 ..APPELLANTS RSUS ...RESPONDENTS CE PARMOD GOYAL cate for dvocate dvocate n preferred by the claimants-appellan ceased-Pinku Kumar Singh (hereinaft ied in a road accident which took plac d negligent driving by Respondent N tion No. HR-38T-0818. ondent No.3-Insurance Company only Advocate, who is present in Court o behalf of respondent No.3 and waive e impugned award dated 11.07.201 laims Tribunal, Faridabad (hereinaft ich the claimants-appellants were foun 1,72,600/-, the claimants-appellants a -1- 2019 01.2026 NTS ENTS pellants reinafter ok place ent No. y only. ourt on waives 7.2019, reinafter e found ants are SUNIL CHANDER 2026.01.20 19:09 I attest to the accuracy and integrity of this document FAO-6912 seeking enh is not accor 5. recorded in adverted he 6. compensati 7. though he do multiplier as a the deceased Tribunal, as th 8,280/- per m amounts awar the law laid d 8. Company has 6912-2019 ing enhancement of compensation awa t accordance with their entitlement. Since the factum of the accide ded in the impugned award passed rted herein for sake of brevity. The Tribunal in the present ensation: Income Future Prospects Deduction Multiplier Loss of Estate Funeral Expenses Loss of consortium Total compensation awarded Learned counsel for the clai he does not challenge the deductio ier as applied by the Tribunal, howeve eased has been wrongly assessed a l, as the minimum wages prevalent at per month. It is further the contentio s awarded under the head ‘loss of cons laid down by Hon’ble Supreme Court Per contra, the learned counse ny has contended that sufficient amo - on awarded by the Tribunal as the sam accident is not in dispute, the facts, a passed by the Tribunal are not bein esent case had awarded the followin Rs. 7,000/- 25% 1/4th 14 Rs. 15,000/- Rs. 15,000/- Rs. 40,000/- tion Rs. 11,72,584/- claimants-appellants contended th eduction, future prospects as well a owever, he contended that the income o sed as Rs. 7,000/- per month by t lent at the time of the accident was R ntention of the learned counsel that th of consortium’ is not in accordance wi Court. counsel for respondent No.3-Insuranc t amount has already been awarded a -2- he same facts, as t being llowing ed that well as come of by the was Rs. that the ce with surance rded as SUNIL CHANDER 2026.01.20 19:09 I attest to the accuracy and integrity of this document FAO-6912 compensation enhancement. 9. deceased to b The minimum therefore, Trib of the accide taken as Rs. 8 40,000/- each consortium’. 10. Futu To de Lo Fune Los Consor Los consort Loss of F Total award Total awar Enhan com 6912-2019 sation in the present case and th ement. In present case, learned Tribu d to be Rs.7,000/- without there bein nimum wages prevalent at the time re, Tribunal ought to have taken minim accident as income of deceased. Acc s Rs. 8,280/-. Further, the claimants- each under the heads ‘loss of p ium’. Accordingly, the reworked com Income Future Prospects 25 (8280+ Deduction 1/4 (10350 Multiplier Total Loss of dependency Rs. 7,76 Loss of Estate Funeral Expenses Loss of Spousal onsortium to claimant no.1 Loss of parental onsortium to claimant nos. 2& 3 Rs. 40 ss of Filial consortium Total compensation awarded by Tribunal Rs. 11,7 Total Compensation awarded in appeal Enhanced amount of compensation Rs. 14,9 (as awarded Rs. 11,72 awarded by - and that there is no scope of an Tribunal has wrongly taken income o re being any basis for taking the sam time of accident were Rs.8,280/- an minimum wages prevalent at the tim d. Accordingly, income of deceased -appellants would be entitled to R s of parental consortium’ and ‘fili ed compensation is as under: Rs. 8,280/- per month (as per minimum wages) 25% (8280+2070) Rs. 10,350/- 1/4th 10350-2587) Rs. 7,763/- 14 14 s. 7,763x14x12 Rs. 13,04,184/- Rs. 15,000/- Rs. 15,000/- Rs. 40,000/- Rs. 40,000x2 Rs. 80,000/- Rs. 40,000/- s. 11,72,584/- Rs. 14,94,184/- s. 14,94,184/- arded in appeal) – . 11,72,584/- (as rded by Tribunal) Rs. 3,21,600/- -3- of any come of e same. and the time eased is d to Rs. d ‘filial per per - - SUNIL CHANDER 2026.01.20 19:09 I attest to the accuracy and integrity of this document FAO-6912 11. of 7.5% pe enhanced c compensati 12. 13. 19.01.2026 Sunil Chander 6912-2019 Claimants-appellants shall also .5% per annum from the date of fili nced compensation. Apportionment an ensation shall be as per the award. Appeal is allowed in above ter Pending application(s), if any, .2026 der Whether Speaking/Reasoned Whether Reportable - all also be entitled to interest at the ra of filing of petition till realization o ent and liability of respondents to pa ve terms. f any, stand disposed of. (PARMOD GOYAL) JUDGE ed : Yes/No : Yes/No -4- the rate tion on s to pay SUNIL CHANDER 2026.01.20 19:09 I attest to the accuracy and integrity of this document