FAO-2029 IN THE HIGH COURT OF PUNJAB AND HARYANA AT 278 BHARTI SHARMA & ORS. VINOD KUMAR & ORS. CORAM: HON'BLE MR. JUSTICE Present: SUVIR SEHGAL 1. 1988 (for brevity "MV Act") by the legal representatives of Rajinder Kumar deceased. Appellants have sought enhancement of compensation awarded by the Motor Accident Claims Tribunal (for short “ award dated 03.03.2003. 2. deceased Rajinder Kumar and Pritpal Sharma were travelling Patiala bus stand, driven by respondent no.1 2029-2003 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO Date of decision: BHARTI SHARMA & ORS. VS. VINOD KUMAR & ORS. CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL Mr. Rishav Jain, Advocate & Ms. Shivaly Singla, Advocate for the appellant. Mr. Vinod Gupta, Advocate for respondent No.3. None for the remaining respondents. **** SUVIR SEHGAL, J. Instant appeal has been filed under the Motor Vehicles Act, 1988 (for brevity "MV Act") by the legal representatives of Rajinder Kumar deceased. Appellants have sought enhancement of compensation awarded by the Motor Accident Claims Tribunal (for short “ award dated 03.03.2003. Facts leading to the filing of the appeal are that on 19.01.2001, deceased Rajinder Kumar and Pritpal Sharma were travelling Patiala bus stand, a truck bearing registration No.HR driven by respondent no.1 struck Rajinder Kumar IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-2029-2003 Date of decision:15.05.2025 ...APPELLANTS ...RESPONDENTS SUVIR SEHGAL Ms. Shivaly Singla, Advocate None for the remaining respondents. Instant appeal has been filed under the Motor Vehicles Act, 1988 (for brevity "MV Act") by the legal representatives of Rajinder Kumar deceased. Appellants have sought enhancement of compensation awarded by the Motor Accident Claims Tribunal (for short “the Tribunal”), Patiala, vide Facts leading to the filing of the appeal are that on 19.01.2001, deceased Rajinder Kumar and Pritpal Sharma were travelling together. Near a truck bearing registration No.HR-37-4039 being rashly Rajinder Kumar, who was crushed under Instant appeal has been filed under the Motor Vehicles Act, 1988 (for brevity "MV Act") by the legal representatives of Rajinder Kumar- deceased. Appellants have sought enhancement of compensation awarded by the Tribunal”), Patiala, vide Facts leading to the filing of the appeal are that on 19.01.2001, together. Near 4039 being rashly who was crushed under Sheetal 2025.05.21 10:29 I attest to the accuracy and authenticity of this order/judgment High Court, Chandigarh FAO-2029 the truck and died on the spot. An FIR was lodged under A IPC. Claimants filed a petition under Section 166 of the MV Act, compensat partly accepted and they have been granted compensation of Rs.10,43,600/ Driver and owner of offending vehicle as well as insurance company been held liable to pay the compensation, along from the date of filing of the claim petition. 3. respective submissions. 4. the conclusion that the driving by respondent No.1, the driver of the truck, and Rajinder Kumar died in the motor vehicle accident. Tribunal found that the driver of the offending vehicle was holding a valid driving license and under insurance policy Ex.R3 5. deceased, who was 42 years old and was working as Assistant Grade in FCI as Rs.10,798/ Ex.R1. Tribunal has applied a multiplier of 12, which deserves to be modified and enhanced to 14 in view of accident as per the settled legal position in vs. Delhi Transport Corporation an the Tribunal has deducted 1/3 expenses of the deceased, which does not 2029-2003 -2- the truck and died on the spot. An FIR was lodged under laimants filed a petition under Section 166 of the MV Act, compensation on account of the death of Rajinder Kumar, which has been partly accepted and they have been granted compensation of Rs.10,43,600/ Driver and owner of offending vehicle as well as insurance company been held liable to pay the compensation, along from the date of filing of the claim petition. I have heard counsel for the parties and have considered their respective submissions. On the basis of the evidence adduced, the Tribunal has come to the conclusion that the accident took place on account of rash and negligent driving by respondent No.1, the driver of the truck, and Rajinder Kumar died in the motor vehicle accident. Tribunal found that the driver of the offending vehicle was holding a valid driving license and under insurance policy Ex.R3. Compensation was assessed by taking the income of the deceased, who was 42 years old and was working as Assistant Grade in FCI as Rs.10,798/- per month as is Tribunal has applied a multiplier of 12, which deserves to be modified and enhanced to 14 in view of of accident as per the settled legal position in vs. Delhi Transport Corporation and another the Tribunal has deducted 1/3rd of the income towards personal and living expenses of the deceased, which does not the truck and died on the spot. An FIR was lodged under Sections 279, 304 laimants filed a petition under Section 166 of the MV Act, claiming ion on account of the death of Rajinder Kumar, which has been partly accepted and they have been granted compensation of Rs.10,43,600/ Driver and owner of offending vehicle as well as insurance company have been held liable to pay the compensation, alongwith interest @ 9 % p.a., from the date of filing of the claim petition. I have heard counsel for the parties and have considered their On the basis of the evidence adduced, the Tribunal has come to accident took place on account of rash and negligent driving by respondent No.1, the driver of the truck, and Rajinder Kumar died in the motor vehicle accident. Tribunal found that the driver of the offending vehicle was holding a valid driving license and the vehicle was insured Compensation was assessed by taking the income of the deceased, who was 42 years old and was working as Assistant Grade II as is apparent from salary certificate, Tribunal has applied a multiplier of 12, which deserves to be of the age of the deceased at the time of accident as per the settled legal position in Smt. Sarla Verma and others d another, (2009) 6 SCC 121. Further, of the income towards personal and living expenses of the deceased, which does not need any alteration as deceased is ections 279, 304- claiming ion on account of the death of Rajinder Kumar, which has been partly accepted and they have been granted compensation of Rs.10,43,600/-. have with interest @ 9 % p.a., I have heard counsel for the parties and have considered their On the basis of the evidence adduced, the Tribunal has come to accident took place on account of rash and negligent driving by respondent No.1, the driver of the truck, and Rajinder Kumar died in the motor vehicle accident. Tribunal found that the driver of the offending the vehicle was insured Compensation was assessed by taking the income of the (D) apparent from salary certificate, Tribunal has applied a multiplier of 12, which deserves to be the age of the deceased at the time Smt. Sarla Verma and others . Further, of the income towards personal and living alteration as deceased is Sheetal 2025.05.21 10:29 I attest to the accuracy and authenticity of this order/judgment High Court, Chandigarh FAO-2029 survived by his widow and two minor children. Tribunal considering future prospects of the deceased compensation under convention 6. Smt. Sarla Verma’s case (supra), Sethi, (2017) 16 SCC 680 Nanu Ram alias Chuhru Ram and others are entitled to award under conventional heads, for future prospects, etc. This court is of the view that h compensation deserves to be modified as below: Sr. No. 1 2 3 4 5 6 7 8 9 10 11 12 2029-2003 -3- survived by his widow and two minor children. Tribunal considering future prospects of the deceased compensation under conventional heads. In the light of the principles laid down by the Supreme Court in Smt. Sarla Verma’s case (supra), National Insurance Co. Lt , (2017) 16 SCC 680 and Magma General Insurance Co. Ltd. Versus Nanu Ram alias Chuhru Ram and others are entitled to award under conventional heads, for future prospects, etc. court is of the view that head compensation deserves to be modified as below: No. Heads Monthly Income Deduction towards personal expenditure 1/3rd Future prospects Total Monthly Income Multiplier Annual dependency Loss of Estate Funeral expenses Loss of consortium Total compensation Less: Award by MACT Enhancement survived by his widow and two minor children. Tribunal has erred in not considering future prospects of the deceased and has awarded inadequate In the light of the principles laid down by the Supreme Court in National Insurance Co. Ltd. v. Pranay Magma General Insurance Co. Ltd. Versus Nanu Ram alias Chuhru Ram and others, (2018) 18 SCC 130, claimants are entitled to award under conventional heads, for future prospects, etc. ead-wise various computation of compensation deserves to be modified as below:- Compensation Awards Rs.10,798/- Rs.3,599/- (Rs.10,798/- x 1/3) Rs.2,160/- (30% of Rs.7,199/-) Rs.9,359/- (Rs.7,199/ + Rs.2,160 14 Rs.15,72,312/- (Rs.9,359/- x 12 x 14) Rs.18,000/- Rs.18,000/- Rs.1,44,000/- (Rs.48,000/- payable to each of the three dependants) Rs.17,52,312/- Rs.10,43,600/- Rs.7,08,712/- has erred in not and has awarded inadequate In the light of the principles laid down by the Supreme Court in d. v. Pranay Magma General Insurance Co. Ltd. Versus , claimants are entitled to award under conventional heads, for future prospects, etc. wise various computation of ) 2,160/-) x 12 x payable to each of the three dependants) Sheetal 2025.05.21 10:29 I attest to the accuracy and authenticity of this order/judgment High Court, Chandigarh FAO-2029 7. compensation of Rs.7,08,712/ with interest at the rate of 7.5 % per annum from the date of the filing of the claim petition. 8. 9. any, is/are dispose 15.05.2025 sheetal 2029-2003 -4- Accordingly, the appellants are held to an additional compensation of Rs.7,08,712/-, which shall be payable to by the respondents with interest at the rate of 7.5 % per annum from the date of the filing of the claim petition. Appeal is disposed off. As the main appeal has been decided, pending application(s), if any, is/are disposed off. 2025 Whether Speaking/reasoned Yes/No Whether Reportable Yes/No Accordingly, the appellants are held to an additional which shall be payable to by the respondents with interest at the rate of 7.5 % per annum from the date of the filing of the As the main appeal has been decided, pending application(s), if (SUVIR SEHGAL) JUDGE Yes/No Yes/No Accordingly, the appellants are held to an additional which shall be payable to by the respondents with interest at the rate of 7.5 % per annum from the date of the filing of the As the main appeal has been decided, pending application(s), if Sheetal 2025.05.21 10:29 I attest to the accuracy and authenticity of this order/judgment High Court, Chandigarh