IN T 113 Smt. Kanta Rinku and CORAM: Present:- NIDHI GU seeking enh learned Mo Tribunal’), dated 16.9.2 (as amended son, 14 yea Satish, who basis of evi had died du that took pla bearing reg FAO-689-2025 (O & M) IN THE HIGH COURT OF PUNJA AT CHANDIGAR FAO No.689 of 20 Date of decision : Kanta Devi and others Versus u and others AM:- HON'BLE MS. JUSTICE NIDH Mr. Vishal Yadav, Advocate for the appellants. Ms. Jasleen Kaur, Advocate for respondent No.3-Insurance c I GUPTA J. (Oral) The present appeal has been file ng enhancement of compensation of Rs d Motor Accident Claims Tribunal ( nal’), Rewari vide Award dated 08.11.20 16.9.2021 filed under Section 166 of th ended upto date) (hereinafter referred as The four claimants are the 38 y 4 years old minor daughter and 71 year , who was 41 years 07 months old at the Brief facts of the case are that of evidence and pleadings before it co ied due to the injuries suffered by him i ook place on 21.7.2021 due to rash and n g registration No.RJ-02GB-5273 (h 1 UNJAB AND HARYANA IGARH 9 of 2025 (O & M) sion :-23.01.2026 …..Appellants …..Respondents NIDHI GUPTA ance company. en filed by the appellants/claimants of Rs.16,28,578/- awarded by the unal (hereinafter referred as ‘the 8.11.2024 passed in MACP No.453 6 of the Motor Vehicles Act, 1988 rred as ‘the Act’). e 38 years old widow, 17 years old 1 years old mother of the deceased at the time of accident. e that the learned Tribunal on the it concluded that deceased Satish him in a motor vehicular accident and negligent driving of the Truck 3 (hereinafter referred as ‘the VIJAY ASIJA 2026.01.29 16.42 I attest to the accuracy and integrity of this document offending v No.2 and in been award have been compensatio had prove Security G However, th Rs.9803/- enhancemen been awarde of filial and respondent on behalf of accordance compensatio learned cou was workin per month. income of (Ex.PW7/A FAO-689-2025 (O & M) ding vehicle’) being driven by responden and insured by respondent No.3. The a awarded alongwith interest @ 7.5% p been held jointly and severally re ensation. Learned counsel for the appellan d before the learned Tribunal that t ity Guard-cum-Chowkidar and earnin ver, the learned Tribunal has taken the per month. Learned counsel cement of the compensation only on th awarded to only claimant No.1; and noth al and parental consortium to the claiman Notice of motion. Ms. Jasleen Kaur, Advocate, ndent No.3-Insurance Company and op half of appellants and submits that comp dance with law and no ground has be ensation. No other argument is made on be I have heard learned counsel for I find some merits in the subm d counsel for the appellants. It has been orking as Security Guard-cum-Chowk onth. However, the appellants were una e of the deceased. The appellants W7/A) and the alleged Certificate (Ex 2 ondent No.1, owned by respondent The above said compensation has .5% per annum. The respondents lly responsible to pay the said pellants submits that the appellants l that the deceased was working as earning Rs.20,000/- per month. n the income of the deceased only unsel for the appellants seeks on the ground that consortium has d nothing has been awarded by way laimants No.2 to 4. ate, accepts notice on behalf of nd opposes the submissions made compensation has been awarded in as been made out to enhance the e on behalf of the parties. sel for the parties. e submissions made on behalf of s been contended that the deceased howkidar and earning Rs.20,000/- ere unable to prove the said alleged llants had produced an affidavit te (Ex.PW4/B), however, the said VIJAY ASIJA 2026.01.29 16.42 I attest to the accuracy and integrity of this document evidence ad improbable Rs.20,000/ where the d examination depose befo notional in Rs.9803.24/ minimum years and 0 Mortem Re correctly ad claimants ar made. As p Insurance C ID # 918174 consortium the compen manner :- Sr. No. Awar Tribu 1 Month 2 Future 3 Total Rs.98 x12=R 4 Incom deduc Rs.1,4 FAO-689-2025 (O & M) nce adduced by the appellants was not f bable that the deceased merely as ,000/- per month. Moreover, PW7 au the deceased was stated to be working ination that the company had not issued a e before the Court. In this circumstanc nal income of the deceased as that 03.24/- per month (rounded of Rs.980 wage notification. Further, the age of the decease and 07 months on the date of accide m Report (Ex.PW1/A). Accordingl ctly added; and multiplier of 14 was al ants are four in numbers, the deduction As per law laid down by Hon’ble ance Company Ltd. VS. Pranay Sethi 918174 each of the claimants being LRs rtium of Rs.48,400/-. In view of the above facts, the a ompensation payable to the appellants i Awarded by the learned Tribunal Amou Monthly Income amount Rs.98 Future Prospectus 25% added Rs.12 (9803 ) Total Annual Income Rs.9803+Rs.2450=Rs.12253/- x12=Rs.1,47,036/- Rs.1,4 Income after expenses deduction of 1/4th applied Rs.1,47,036- Rs.1,1 3 s not found to be credible as it was y as a Chowkidar was earning W7 authorized person of the firm orking, had admitted in his cross- ssued any authority letter to PW7 to mstance, the Tribunal had assessed s that of unskilled labourer as s.9803/-) on the basis of relevant eceased was determined to be 41 accident on the basis of his Post rdingly, future prospect of 25% as also correctly applied. As the ction of 1/4th has also rightly been n’ble Supreme Court in National Sethi & Others” Law Finder Doc LRs of the deceased are entitled to s, the appeal is partly allowed and lants is reassessed in the following Amount Re-assessed compensation Rs.9803/- Rs.9803/- Rs.12,253/- (9803/-+2450/- Rs.12,253/- (9803/-+2450/-) Rs.1,47,036/- Rs.1,47,036/- Rs.1,10,277 Rs.1,10,277 VIJAY ASIJA 2026.01.29 16.42 I attest to the accuracy and integrity of this document Rs.36 annum 5 Amou applyi Rs.1,1 6 Loss o 7 Loss o 8 Funer 9 Loss claima Rs.48 Total as pe No.6 t January 23 Vijay Asija Whether spe Whether Rep FAO-689-2025 (O & M) Rs.36759=Rs.1,10,277/- per annum Amount calculated after applying of multiplier Rs.1,10,277x14=Rs.15,43,878/- Rs.15 Loss of dependency Rs.15 Loss of estate Rs.18 Funeral expenses Rs.18 Loss of filial consortium to claimants No.1 to 4 @ Rs.48,400/- Rs.48 Total amount of compensation as per calculation of column No.6 to 9 Rs.16 Pending application(s), if any, sh 3, 2026 Asija er speaking/reasoned Yes / No er Reportable Yes / No 4 Rs.15,43,878/- Rs.15,43,878/- Rs.15,43,878/- Rs.15,43,878/- Rs.18,150/- Rs.18,150/- Rs.18,150/- Rs.18,150/- Rs.48,400/- Rs.48400/-+ (Rs.48400/- x3=Rs.1,45,200) =1,93,600/- Rs.16,28,578/- Rs.17,73,778/- any, shall stand(s) disposed of. ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2026.01.29 16.42 I attest to the accuracy and integrity of this document