Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
FAO-4262-2025 (O&M) Date of decision: 02.02.2026 Ran Singh ...Appellant Versus Rajesh and others ...Respondents CORAM:
HON'BLE MR. JUSTICE DEEPAK GUPTA Present: Mr. Vijay Dahiya, Advocate for the appellant. **** DEEPAK GUPTA, J. (ORAL) ! " #$ " " % " %"& ' ( ' $ ) $ * % " %"& ' FAO-4262-2025 One of the claimants is in this appeal, assailing the award dated 03.01.2025 of learned MACT Sonipat, on the aspect of quantum of compensa2on. 2. One Devender, an unmarried boy aged 34 years lost his life in a motor vehicular accident, which took place on 04.07.2019. His father; widowed sister, minor nephews and minor niece filed a claim pe22on under Sec2on 166 of the Motor Vehicles Act seeking compensa2on against the driver-cum-owner and insurer of the offending vehicle. Learned Tribunal vide award dated 03.01.2025 held only the father to be en2tled for compensa2on, specifically holding that the widowed sister, nephews and YOGESH MEHTA 2026.02.02 16:33 I attest to the accuracy and integrity of this document
niece were not proved to be dependent upon the deceased and so they were not en2tled to compensa2on. Learned Tribunal went on to assess the compensa2on and awarded an amount of Rs.14,17,000/- along with interest. 3. The appeal has been filed only by the father of the deceased. The only conten2on raised by learned counsel is that compensa2on under the heads of loss of estate and loss of transporta2on/funeral expenses should have been awarded at Rs.18,000/- each to make it in consonance with the judgment of Hon’ble Supreme Court in “Naonal Insurance Company Limited v. Pranay Sethi and others” 2017(4) RCR (Civil) 1009. Similarly, the compensa2on under the head of loss of filial consor2um should have been granted to the extent of Rs.48,000/-, in view of the judgments in Pranay Sethi’s case and “Sarla Verma’s case. It is also the conten2on that the Tribunal has awarded interest @ 7.5% per annum on the award amount, though it should be 9% per annum. 4.
Although, the conten2on regarding the grant of interest is rejected, as the interest @ 7.5% per annum from the date of filing of the claim pe22on 2ll its realiza2on is held to be reasonable, but the Tribunal has commiDed an error in gran2ng compensa2on under the head of loss of estate and funeral expenses/transporta2on @ Rs.16,500/- each and loss of filial consor2um @ Rs.40,000/-. Since the award was announced in January 2025, therefore, keeping in view the legal posi2on explained in Pranay Sethi’s case, the compensa2on of filial consor2um should have been Rs.48,000/- and for loss of estate and funeral/transporta2on expenses should have been Rs.18,000/- each. As such, the appellant is held en2tled to enhanced compensa2on of Rs.11,000/-. Consequently, the present appeal deserves to be allowed by holding the total compensa2on to be YOGESH MEHTA 2026.02.02 16:33 I attest to the accuracy and integrity of this document
+ Rs.14,28,000/- i.e. enhanced compensa2on of Rs.11,000/-, which shall be payable along with interest @ 7.5% per annum from the date of filing of the claim pe22on 2ll actual realiza2on. 5. The present appeal is being disposed of accordingly. 6. Since the enhanced amount is quite small, so no2ce of mo2on is not being issued to respondent – insurance company. However, liberty is granted to the insurance company to approach this Court, in case, it feels aggrieved. 02.02.2026 (DEEPAK GUPTA) Yogesh JUDGE Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No YOGESH MEHTA 2026.02.02 16:33 I attest to the accuracy and integrity of this document