FAO-1033 IN THE HIGH COURT OF PUNJAB AND HARYANA AT 225 SUDESH & ORS. NIRMAL SINGH & ORS. CORAM: HON'BLE MR. JUSTICE Present: SUVIR SEHGAL 1. Vehicles Act, 1988 Subhash Chander compensation granted by the Motor Accident Claims Tribunal (for short “the Tribunal”), Ambala 2. Subhash Chander registration No.1, hit the bicycle sustained serious injuries. He was taken to 24.10.1998, he was referred to PGI, Chandigarh where he succumbed to his 1033-2001 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO Date of decision: SUDESH & ORS. VS. NIRMAL SINGH & ORS. CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL Mr. Navneet Singh, Advocate for Mr. Bhag Singh, Advocate for the appellants. None for respondents No.1 and 2. Mr. R.C. Gupta, Advocate, Mr. Ajay Kumar, Advocate and Mr. Vinod Chaudhri, Advocate for respondent No.3-Insurance Company. **** SUVIR SEHGAL, J. Instant appeal has been filed under Vehicles Act, 1988 (for brevity “MV Act”) by the legal representatives of Subhash Chander - deceased. Appellants have sought enhancement of compensation granted by the Motor Accident Claims Tribunal (for short “the Tribunal”), Ambala vide award dated 13.11.2000. Facts leading to the filing of the appeal are that on 21.10.1998, Subhash Chander was returning to home on a bicycle. A Truck bearing registration No.HYK-7190 carelessly driven by Nirmal Singh No.1, hit the bicycle from behind. Subhash Chander fell on the road and sustained serious injuries. He was taken to 24.10.1998, he was referred to PGI, Chandigarh where he succumbed to his IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-1033-2001 Date of decision:17.07.2025 ...APPELLANTS ...RESPONDENTS SUVIR SEHGAL Mr. Navneet Singh, Advocate for Mr. Bhag Singh, Advocate for the appellants. and 2. Mr. Ajay Kumar, Advocate and Mr. Vinod Chaudhri, Advocate Insurance Company. Instant appeal has been filed under Section 173 of the Motor (for brevity “MV Act”) by the legal representatives of deceased. Appellants have sought enhancement of compensation granted by the Motor Accident Claims Tribunal (for short “the vide award dated 13.11.2000. Facts leading to the filing of the appeal are that on 21.10.1998, was returning to home on a bicycle. A Truck bearing 7190 carelessly driven by Nirmal Singh - respondent . Subhash Chander fell on the road and sustained serious injuries. He was taken to a private hospital and on 24.10.1998, he was referred to PGI, Chandigarh where he succumbed to his the Motor (for brevity “MV Act”) by the legal representatives of deceased. Appellants have sought enhancement of compensation granted by the Motor Accident Claims Tribunal (for short “the Facts leading to the filing of the appeal are that on 21.10.1998, was returning to home on a bicycle. A Truck bearing respondent . Subhash Chander fell on the road and hospital and on 24.10.1998, he was referred to PGI, Chandigarh where he succumbed to his Sheetal 2025.07.28 18:18 I attest to the accuracy and authenticity of this order/judgment High Court, Chandigarh FAO-1033 injuries on 04.11.1998. Sections 279 and 337 of IPC Appellants filed a petitio compensation on account of the death of Subhash Chander, which has been partly accepted and they have been granted compensation of Respondents with interest @ 12% p.a., from the date of filing of the claim petition. 3. respective submissions. 4. the conclusion driving by respondent No.1, which resulted in the death of Subhash Chander. Tribunal found that the driver of the Truck was holding a valid driving license and the vehicle was insured under insu 5. Haryana Roadways, Ambala, who deposed that the deceased was working as a Conductor salary of Rs.5,280/ Ex.P39. Tribunal has rightly determined the income of the deceased Sudesh-PW3, widow of the deceased, Rs.40,000/ Ex.P32, clearly show that she had purchased medicines worth Rs.12,408/ which has been accepted by the Tribunal. Award of diet, transportation and other miscellaneous hospital expenses as the deceased remain admitted for 14 days in the 1033-2001 -2- injuries on 04.11.1998. An FIR No.262, Ex.P40 279 and 337 of IPC was lodged at Police Station ppellants filed a petition under Section 166 of the MV compensation on account of the death of Subhash Chander, which has been partly accepted and they have been granted compensation of Respondents have been jointly and severally liable to pay the same, with interest @ 12% p.a., 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, which resulted in the death of Subhash Chander. Tribunal found that the driver of the Truck was holding a valid driving license and the vehicle was insured under insu Appellants have examined Surinder Singh Haryana Roadways, Ambala, who deposed that the deceased was working as a Conductor with Haryana Roadways, Ambala and was drawing a monthly salary of Rs.5,280/-. He produced salary certificate of the deceased as Ex.P39. Tribunal has rightly determined the income of the deceased PW3, widow of the deceased, testified Rs.40,000/- on treatment of her husband. 32, clearly show that she had purchased medicines worth Rs.12,408/ which has been accepted by the Tribunal. Award of diet, transportation and other miscellaneous hospital expenses as the deceased remain admitted for 14 days in the An FIR No.262, Ex.P40 dated 24.10.1998 under was lodged at Police Station Sadar Ambala n under Section 166 of the MV Act claiming compensation on account of the death of Subhash Chander, which has been partly accepted and they have been granted compensation of Rs.7,08,278/ jointly and severally liable to pay the same, along with interest @ 12% 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 that the accident took place on account of rash and negligent driving by respondent No.1, which resulted in the death of Subhash Chander. Tribunal found that the driver of the Truck was holding a valid driving license and the vehicle was insured under insurance policy Ex.R1. Appellants have examined Surinder Singh- PW1, Salary Clerk, Haryana Roadways, Ambala, who deposed that the deceased was working as Haryana Roadways, Ambala and was drawing a monthly salary certificate of the deceased as Ex.P39. Tribunal has rightly determined the income of the deceased testified that she had spent around on treatment of her husband. However, medical bills, Ex.P2 to 32, clearly show that she had purchased medicines worth Rs.12,408/ which has been accepted by the Tribunal. Award of Rs.10,000/- for special diet, transportation and other miscellaneous hospital expenses as the deceased remain admitted for 14 days in the hospital, is also justified. under Sadar Ambala. Act claiming compensation on account of the death of Subhash Chander, which has been Rs.7,08,278/-. along I have heard counsel for the parties and have considered their On the basis of the evidence adduced, the Tribunal has come to that the accident took place on account of rash and negligent driving by respondent No.1, which resulted in the death of Subhash Chander. Tribunal found that the driver of the Truck was holding a valid rance policy Ex.R1. PW1, Salary Clerk, Haryana Roadways, Ambala, who deposed that the deceased was working as Haryana Roadways, Ambala and was drawing a monthly salary certificate of the deceased as Ex.P39. Tribunal has rightly determined the income of the deceased. that she had spent around Ex.P2 to 32, clearly show that she had purchased medicines worth Rs.12,408/-, for special diet, transportation and other miscellaneous hospital expenses as the Sheetal 2025.07.28 18:18 I attest to the accuracy and authenticity of this order/judgment High Court, Chandigarh FAO-1033 6. alteration applied a multiplier of 15, Rs.2,000/ consortium to the widow of the deceased, requires to be enhanced. Tribunal has not awarded any compensation for loss of estate to deceased. Tribunal has 7. Smt. Sarla Verma and others Versus Delhi Transport Corporation and another (2009) 6 SCC 121 (2017) 16 SCC 680 Ram alias Chuhru Ram and others entitled to an enhanced award. This court is of the view that head computation deserves to be modified as below: Sr. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1033-2001 -3- Dependency of 1/4th applied by as the deceased had four dependents. Tribunal has correctly a multiplier of 15, as deceased was 40 years of age. Grant of - on account of funeral expenses, Rs.5,000/ consortium to the widow of the deceased, requires to be enhanced. Tribunal has not awarded any compensation for loss of estate to . Tribunal has failed to consider future prospects of the deceased. In the light of the principles laid down by the Supreme Court in Smt. Sarla Verma and others Versus Delhi Transport Corporation and (2009) 6 SCC 121, National Insurance Co. Ltd. v. Pranay Sethi (2017) 16 SCC 680 and Magma General Insurance Co. Ltd. Versus Nanu Ram alias Chuhru Ram and others, (2018) 18 SCC 130 entitled to an enhanced award. This court is of the view that head computation deserves to be modified as below: Sr. No. Heads 1 Monthly Income 2 Future prospects 3 Deduction towards personal expenditure 1/4th 4 Total Monthly Income 5 Multiplier 6 Annual dependency 7 Loss of Consortium 8 Funeral expenses 9 Loss of Estate 10 Medical expenses 1 Special Diet, Transportation, etc 12 Total compensation 13 Less: Award by MACT 14 Enhancement applied by Tribunal does not require any as the deceased had four dependents. Tribunal has correctly as deceased was 40 years of age. Grant of on account of funeral expenses, Rs.5,000/- towards loss of consortium to the widow of the deceased, requires to be enhanced. Tribunal has not awarded any compensation for loss of estate to the dependents of the future prospects of the deceased. In the light of the principles laid down by the Supreme Court in Smt. Sarla Verma and others Versus Delhi Transport Corporation and National Insurance Co. Ltd. v. Pranay Sethi Magma General Insurance Co. Ltd. Versus Nanu , (2018) 18 SCC 130, claimants are entitled to an enhanced award. This court is of the view that head-wise computation deserves to be modified as below:- Compensation Awards Rs.5,280/- Rs.1,584/- (30% of Rs.5,280/-) Deduction towards personal Rs.6,864/- x 1/4 Total Monthly Income Rs.5,148/- (Rs.6,864/- subtract Rs.1,716/-) 15 Rs.9,26,640/- (Rs.5,148 x 12 x 15) Rs.1,92,000/- (Rs.48,000/ x 4) Rs.18,000/- Rs.18,000/- Rs.12,408/- Special Diet, Transportation, Rs.10,000/- Rs.11,77,048/- Less: Award by MACT Rs.7,08,278/- Rs.4,68,770/- ribunal does not require any as the deceased had four dependents. Tribunal has correctly as deceased was 40 years of age. Grant of towards loss of consortium to the widow of the deceased, requires to be enhanced. Tribunal the dependents of the future prospects of the deceased. In the light of the principles laid down by the Supreme Court in Smt. Sarla Verma and others Versus Delhi Transport Corporation and National Insurance Co. Ltd. v. Pranay Sethi, Magma General Insurance Co. Ltd. Versus Nanu , claimants are wise Compensation Awards 5,148/- (Rs.48,000/- Sheetal 2025.07.28 18:18 I attest to the accuracy and authenticity of this order/judgment High Court, Chandigarh FAO-1033 8. compensation of Rs.4,68,770/ interest at the rate of 7.5% per annum from the date of the filing of the claim petition. 9. 10. any, is/are disposed of. 17.07.2025 sheetal 1033-2001 -4- Accordingly, the appellants are entitled to an additional compensation of Rs.4,68,770/-, which shall be payable to the appellants interest at the rate of 7.5% per annum from the date of the filing of the claim Appeal is disposed of. As the main appeal has been decided, pending application(s), if any, is/are disposed of. 2025 Whether Speaking/reasoned Yes/No Whether Reportable Yes/No Accordingly, the appellants are entitled to an additional , which shall be payable to the appellants with interest at the rate of 7.5% per annum from the date of the filing of the claim As the main appeal has been decided, pending application(s), if (SUVIR SEHGAL) JUDGE Yes/No Yes/No Accordingly, the appellants are entitled to an additional with interest at the rate of 7.5% per annum from the date of the filing of the claim As the main appeal has been decided, pending application(s), if Sheetal 2025.07.28 18:18 I attest to the accuracy and authenticity of this order/judgment High Court, Chandigarh