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FAO-206-1995 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 107 FAO-206-1995 Date of decision : 07.07.2025 Harvinder Kaur and others ...... Appellants versus Yashvir and others ...... Respondents
CORAM : HON'BLE MR. JUSTICE PANKAJ JAIN Present: Mr. Anuj Gupta, Advocate for the appellants. Mr. Ravi Partap Singh, DAG, Haryana for respondent No.3. **** PANKAJ JAIN, J. (Oral)
1. Claimants are in appeal seeking enhancement of compensation awarded by MACT, Karnal on account of death of Nishan Singh in a motor vehicle accident dated 31.10.1992. Nishan Singh lost his life at the age of 27 years, leaving behind a widow and two minor children. Tribunal in the absence of any evidence to prove income of Nishan Singh, assessed his income as Rs.1500/- per month and awarded compensation of 1,92,000/- to the claimants.
2. The appellants have questioned computation of compensation by the Tribunal.
3. In the light of law laid down by Supreme Court in the case of ‘National Insurance Company Limited vs. Pranay Sethi and others’, (2017) 16 SCC 680 and ‘Smt. Sarla Verma & others vs. Delhi Transport Corporation & another’ (2009) 6 SCC 121 and Magma General Insurance Company Ltd., Vs. Nanu Ram @ Chuhru Ram & DINESH KUMAR 2025.07.29 17:58 I attest to the accuracy and integrity of this document
FAO-206-1995 ors., Civil Appeal No.9581 of 2018 arising out of SLP (Civil) No.3192 of 2018 decided on 18.09.2018, computation payable to the claimants is reworked as under:- Details Compensation claimed as per judgments of Sarla Verma, Pranay Sethi & Magma General Insurance Income Monthly: 1,500/- Annual: 18,000,- Deduction 1/3 Future prospects 40% Multiplier 17 Loss of estate 15,000/- Funeral expenses 15,000/- Loss of consortium 40,000/- x 3 = 1,20,000/- Total compensation 4,67,100/- Interest 9%
4. With the aforesaid modification in the award, the appeal is
disposed off.
(PANKAJ JAIN)
JUDGE 07.07.2025
Dinesh Whether speaking/reasoned : Yes Whether Reportable : No DINESH KUMAR 2025.07.29 17:58 I attest to the accuracy and integrity of this document