FAO-5974-2024(O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 130 FAO-5974-2024(O&M) Date of decision: 19.05.2026 Amandeep Kaur & ors. ….Appellants Versus Gagandeep Kumar & ors. ....Respondents CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Luvraj Dhindsa, Advocate for the appellants. Mr. Lalit Garg, Advocate and Ms. Geeka Rani, Advocate for respondent No.3. ..… NIDHI GUPTA, J. CM-22813-CII-2024 1. Prayer in this applicaon filed under 151 CPC is for condonaon of delay of 198 days in filing the appeal. 2. For the reasons menoned in the applicaon, which is supported by an affidavit of appellant No.1, the same is allowed. Delay of 198 days in filing the appeal is condoned. Main case 1. The present appeal has been filed by the claimants seeking enhancement of compensaon of Rs.20,93,000/- awarded by the learned Motor Accident Claims Tribunal, SAS Nagar(Mohali (for short “the learned Tribunal”) vide Award dated 09.02.2024 passed in MAC Peon No.329 of 2019 filed under Secon 166 of the Motor Vehicles Act, 1988 (hereina<er referred to as ‘the Act’). The four claimants before the learned Tribunal are the 31-year-old wife, 2-year-old daughter, 5-year-old daughter and 59-year-old- MONIKA VERMA 2026.05.21 09:04 I attest to the accuracy and authenticity of this order/judgment chandigarh FAO-5974-2024(O&M) 2 mother of deceased Gurdeep Singh, who was 34 years old at the me of the accident. 2. Brief facts of the case are that the ld. Tribunal on appraisal of the pleadings and evidence adduced by the pares concluded that the deceased had died due to the injuries suffered by him in a motor vehicular accident that took place on 25.06.2019 at about 7.00 PM due to the rash and negligent driving of a bus bearing No.PB-10-FV-2389 (hereina<er “the offending vehicle”) being driven by respondent No.1; and owned by respondent No.2; and insured by respondent No.3. The said compensaon was awarded along with interest @ 7½ % per annum. Respondents No.1 to 3 were held jointly and severally liable to pay the compensaon. 3. Learned counsel for the appellants seeks enhancement of compensaon by submiFng that prior to the accident, the deceased was doing work of Saria Binding i.e. making knot of iron rod on roof of building; and he was earning more than Rs.30,000/- per month. However, learned Tribunal has assessed income of the deceased on the lower side as only Rs.10,000/- per month. Moreover, consorum has been awarded only to claimant No.1/widow; whereas nothing has been awarded by way of consorum to the other 3 claimants. It is accordingly prayed that the present Appeal be allowed; and compensaon be enhanced. 4. Per contra, ld. counsel for respondent No.3-Insurance Company vehemently opposes submissions advanced on behalf of the appellants and submits that just and fair compensaon has been awarded to the appellants, which does not warrant any interference. It is accordingly prayed that the present Appeal be dismissed. MONIKA VERMA 2026.05.21 09:04 I attest to the accuracy and authenticity of this order/judgment chandigarh FAO-5974-2024(O&M) 3 5. No other argument is raised on behalf of the pares. I have heard learned counsel and perused the case file in detail. I find merit in the submissions made on behalf of the appellants. 6. It is the contenon of the appellants that prior to the accident, the deceased was doing job of Saria Binding and was earning more than Rs.30,000/- per month. However, the appellants produced no documentary evidence of the said avocaon and income of the deceased. In fact, claimant No.1 while appearing as PW-1 has admiJed in her cross-examinaon that she has no documentary proof regarding the job, work and income of her husband. However, keeping in view the fact that it was pleaded that the deceased was doing work of Saria Binding, learned Tribunal had assessed his income as a skilled worker as Rs.10,000/- per month. However, keeping in view that the deceased was educated as is evident from his School Leaving Cerficate (Ex.P- 1), income of the deceased should be taken as Rs.15,000/- per month. 8. Further age of the deceased was determined to be 34 years at the me of accident on the basis of his School Leaving Cerficate (Ex. P-1) and Adhar Card, wherein his date of birth is 01.05.1985. Accordingly, learned Tribunal had made an addion of 40% towards future prospects; and correctly applied mulplier of 16. As there were four claimants, learned Tribunal has correctly made deducon of 1/4th towards personal expenses. 9. Under the convenonal heads, learned Tribunal has awarded consorum of Rs.44,000/- only to claimant No.1. Needless to say, claimant No.2 to 4 being two minor children and mother of the deceased are also entled to filial and partental consorum of Rs.44,000/- each. MONIKA VERMA 2026.05.21 09:04 I attest to the accuracy and authenticity of this order/judgment chandigarh FAO-5974-2024(O&M) 4 10. In view of the above, present appeal stands allowed and compensaon awarded to the appellants is reassessed as follows: - Sr. Heads of compensation Awarded by Tribunal Re-assessed compensation 1 Income Rs.10,000/- PM Rs.15,000/- 2 Add 40% increase Rs.10000+4000= 14,000/- Rs.15000+6000= 21,000/- 3 1/4th deduction being personal expenses Rs.14000- 3500=10,500/- Rs.21000- 5250 = 15,750/- 4 Annual dependency 10500/- x12=1,26,000/- 15,750/- x12=1,89,000/ 5 After multiplier (16) 1,26,000/- x16=20,16,000/- 1,89,000/- x16=3,024,000/ 6 Loss of consortium Rs.44,000/- Rs.44,000/- each (44,000 x4)=Rs.176000/- 7 Funeral expenses Rs.16,500/- Rs.16,500/- 8. Loss of estate Rs.16,500/- Rs.16,500/- Total Rs.20,93,000/- Rs.32,33,000/- Interest 7½ % 7½ % 11. Pending applicaon(s) if any also stand(s) disposed of. (NIDHI GUPTA) 19.05.2026 JUDGE monika i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No MONIKA VERMA 2026.05.21 09:04 I attest to the accuracy and authenticity of this order/judgment chandigarh