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FAO-3020-2021 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 137-4 FAO-3020-2021 (O&M) Date of decision : 08.04.2025 Mafi and another ...... Appellants versus Dinesh and others ...... Respondents CORAM : HON'BLE MR. JUSTICE PANKAJ JAIN Present: Mr. Pawan Attri, Advocate for the appellants. Mr. Vishal Aggarwal, Advocate for respondent No.3-Insurance co. **** PANKAJ JAIN, J. (Oral) CM-12592-CII-2021 This is an application for condonation of delay of 576 days in filing the appeal. For the reasons mentioned in the application, the same is allowed. Delay of 576 days in filing the appeal stands condoned. Main case
1. Claimants are in appeal seeking enhancement of compensation on account of death of Dinesh in a motor vehicular accident dated 02.05.2016. The short issue involved is regarding quantum of compensation.
2. Deceased was 27 years of age at the time of accident. It has been claimed that he earned Rs.25,000/- per month from the dairy farm operated by him. In the absence of there being any evidence to prove the same, Tribunal has taken notified wages @ Rs.8,000/- per month as the DINESH KUMAR 2025.04.29 09:48 I attest to the accuracy and integrity of this document
FAO-3020-2021 (O&M) wages of the deceased. Loss of dependency has been calculated after applying 1/3th deduction which needs no modification. Multiplier of 17 has been rightly applied. Rs.15,000/- has been awarded towards funeral expenses which needs no modification. Both the claimants have been rightly granted consortium @ Rs.40,000/- in view of law laid down by Supreme Court in the case of Magma General Insurance Company Limited vs. Nanu Ram @ Chuhru Ram and others.
3. Finding no scope of enhancement, the present appeal is dismissed.
4. Since the main case has been decided, pending miscellaneous application, if any, shall also stands disposed off.
(PANKAJ JAIN)
JUDGE 08.04.2025
Dinesh Whether speaking/reasoned : Yes Whether Reportable : No DINESH KUMAR 2025.04.29 09:48 I attest to the accuracy and integrity of this document