FAO No. 1778 of IN THE HIG I. Smt. Babli Devi Ram Pal& Ors. II. National Insuran Smt. Babli Devi CORAM: HON’BL Present:- Mr. App Resp Mr. Mr. App FAO Resp Mr. Own In FA DEEPAK GUPTA, Fres offending vehicle 2. Both 07.02.2004 pass (MACT), whereby of 2004 Page N: 1 of 3 HIGH COURT OF PUNJAB AND HAR FAO No. 1778 of 2004 Date of decision: 30.10 evi & Ors. Versus FAO No. 2945 of urance Company Limited. Versus evi& Ors. N’BLE MR. JUSTICE DEEPAK GUPTA r. R.S. Budhwar, Advocate for Appellants-claimants in FAO No. 177 Respondents in FAO No. 2945 of 200 Mr. Deepak Suri, Advocate and Mr. Brij Bhushan Sharma, Advocate Appellant-National Insurance Comp FAO No. 2945 of 2004, and for Respondent No.3 in FAO No. 1778 o Mr. Deep Inder Singh Walia, Advoca Owner of offending vehicle-respond In FAO No. 1778 of 2004. TA, J. Fresh power of attorney has been hicle. Both these appeals have arisen o passed by learned Motor Acciden reby compensation of ₹5,77,800/- HARYANA AT CHANDIGARH 04(O&M) 0.10.2025 …Appellant …Respondent of 2004 …Appellan …Respondent PTA . 1778 of 2004 and for f 2004. ate for mpany Ltd. in 78 of 2004. vocate for ondent No.2 *** een filed on behalf of owner of th en out of the same award dated ident Claims Tribunal, Kurukshetr - was allowed on account of death llants ents llant ents f the ated hetra eath JITEN SHARMA 2025.10.31 15:22 I attest to the accuracy and integrity of this document FAO No. 1778 of of Sh. Sanjay Ku ₹5597/- per mon 3. The driving of mini b Pal, owned by National Insuranc 4. As le its liability to pa liable to pay com No. 2945 of 200 amount, have file 5. Taki offending vehicle that its gross wei the offending mi car etc. i.e. the ve 6. In vi Constitutional B General Insuranc 95and as such, compensation. T for Insurance Co Company is here 7. Com counsel that as th applied was 17, also the conten prospects has no compensation am Sethi & Ors. 201 employed in Indi of 2004 Page N: 2 of 3 Kumar, who was employed in Ind onth. He was 28 years of age at th The factum that accident was cau ini bus bearing registration No. HR0 by respondent-CCS Agriculture U rance Company Limited, is not dispu As learned Tribunal has not exempt pay the compensation and has he compensation amount, therefore, In 2004; whereas the claimants being e filed FAO No. 1778 of 2004 seekin Taking up FAO No. 2945 of 2004 hicle is a mini bus and it is admitte weight was less than 7500 kgs. It is g mini bus was holding a valid drivi he vehicles falling in the category of In view of this factual position, the al Bench judgment of Hon’ble Su urance Company Limited Vs. Ram , Insurance Company cannot esc n. This legal position has been fair e Company. As such, FAO No. 29 ereby dismissed. Coming to FAO No. 1778 of 2004, it as the deceased was 28 years of age 17, but the Tribunal has wrongly a ntention of learned counsel that s not been added in the income of n amount, as per National Insuranc . 2017(16) SCC 680; inasmuch as Indian Army. n Indian Army and getting salary o t the time of his death. caused due to rash and negligen HR08-PA-0126 being driven by Ram e University, Kaul and insured disputed. mpted the Insurance Company from s held it to be jointly and severall re, Insurance Company has filed FAO eing aggrieved about compensation eking enhancement. 2004 filed by Insurance Company itted by counsel for all the partie It is also not in dispute that driver o driving license to drive motor cycle y of Light Motor Vehicle. the case is squarely covered by the Supreme Court in Bajaj Alliance Rambha Devi & Ors., 2025(3) SCC escape from its liability to pay th fairly conceded by learned counse . 2945 of 2004 filed by Insurance 4, it has been contended by learned f age, so appropriate multiplier to be ly applied the multiplier of 12. It i that 50% amount towards futur e of the deceased for computing the rance Company Limited Vs. Pranay as the deceased was permanentl ry of igent Ram by from erally FAO ation pany, rties er of ycle/ y the iance SCC y the unsel ance rned to be . It is uture g the anay ently JITEN SHARMA 2025.10.31 15:22 I attest to the accuracy and integrity of this document FAO No. 1778 of 8. Non counsel for Insur 9. As s be as under:-  Income of th  Annual inco prospects  Loss of ann towards self  Compensati  (₹67164 X 1  Funeral exp not disputed  Loss of cons (as allowed  Total 10. Sinc Tribunal, therefo take it in round ₹6,09,000/-. As s 2004 shall be en per annum from respondents will which shall be pa Tribunal. 11. As a Insurance Compa in the manner in 30.10.2025 Jiten Whe Whe of 2004 Page N: 3 of 3 None of the aforesaid contention nsurance Company or the owner of As such, on re-calculation, the com of the deceased income after adding 50% towards fut annual dependency after deducting 1 self-expenses sation on account of death X 17) expenses (as allowed by the Tribunal uted) onsortium/ filial consortium ed by the Tribunal and not disputed) Since an amount of ₹5,77,800/- ha refore, enhanced compensation w und figure, the enhanced amount As such, it is directed that claimant e entitled compensation of ₹6,09,00 rom the date of filing of the claim p will be jointly and severally liable e paid in the same proportion to t As a sequel to above discussion, F mpany is dismissed; while FAO No. r indicated above. hether speaking/reasoned : Yes/No hether reportable : Yes/No tions could be refuted by learned r of the offending vehicle. compensation amount works out to ₹ 5597/- per month future ₹1,00,746/- g 1/3rd ₹67164/- ₹11,41,788/- nal and ₹20,000/- ₹25,000/- ₹11,86,788/- has already been awarded by th n works out to be ₹6,08,988/-. To unt of compensation is held to be ants-appellants of FAO No. 1778 o 9,000/- along with interest @ 7.5% im petition till actual realization. The able to pay the enhanced amoun to the claimants, as directed by the on, FAO No. 2945 of 2004 filed b No. 1778 of 2004 stands disposed o (DEEPAK GUPTA) JUDGE rned ut to y the . To o be 78 of 7.5% . The ount, y the d by ed of JITEN SHARMA 2025.10.31 15:22 I attest to the accuracy and integrity of this document