FAO-4011-2025 (O&M) 1 129 129 129 129 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH FAO FAO FAO FAO----4011 4011 4011 4011----2025 2025 2025 2025 (O&M) (O&M) (O&M) (O&M) Date of decision : Date of decision : Date of decision : Date of decision : 30 30 30 30.07.2025 .07.2025 .07.2025 .07.2025 National Insurance Company Ltd. ...Appellant Versus Shama and others ...Respondents CORAM: CORAM: CORAM: CORAM: HON’BLE MS. HON’BLE MS. HON’BLE MS. HON’BLE MS. JUSTICE HARPREET KAUR JEEWAN JUSTICE HARPREET KAUR JEEWAN JUSTICE HARPREET KAUR JEEWAN JUSTICE HARPREET KAUR JEEWAN Present: Mr. Paul S. Saini, Advocate, for the appellant-Insurance Company. Mr. Sandeep Kotla, Advocate, for respondent Nos.1 to 4-claimants. HARPREET KAUR JEEWAN, J. (Oral) HARPREET KAUR JEEWAN, J. (Oral) HARPREET KAUR JEEWAN, J. (Oral) HARPREET KAUR JEEWAN, J. (Oral) 1. The Insurance Company has challenged the award passed by the Motor Accident Claims Tribunal, Hisar, dated 21.02.2025, regarding the accident which took place on 26.01.2022, inter se a car bearing No.HR-26AR/9001 and a truck bearing No.HR-39B/7609. 2. The Tribunal has held that the accident took place due to the rash and negligent driving by the truck driver and awarded compensation to the tune of Rs.72,59,200/- in favour of the respondent- claimants on the basis of the following calculations:- Occupation: Occupation: Occupation: Occupation: Labourer/ daily wages Labourer/ daily wages Labourer/ daily wages Labourer/ daily wages Sr. No. Heads Heads Heads Heads Calculation (In Rs.) Calculation (In Rs.) Calculation (In Rs.) Calculation (In Rs.) (i) Income 52,068/- per month (ii) 1/4th of the (i) deducted as personal expenses of the deceased 52,068 – 13,017 = 39,051/- per month. ATUL SETHI 2025.08.02 11:24 I attest to the accuracy and authenticity of this document Chandigarh FAO-4011-2025 (O&M) 2 (iii) Compensation after multiplier of ‘15’ ‘15’ ‘15’ ‘15’ is applied 39,051 x 12 x 15 = Rs.70,29,180/- (iv) Loss of Estate 15,000/- (v) Loss of consortium to petitioners No.1 to 5 2,00,000/- (Rs.40,000/- to each of the petitioner). (vi) Funeral expenses Rs.15,000/- Total compensation awarded : (Rs.72,59,180/ (Rs.72,59,180/ (Rs.72,59,180/ (Rs.72,59,180/---- in round in round in round in round figure Rs.72,59,200/ figure Rs.72,59,200/ figure Rs.72,59,200/ figure Rs.72,59,200/----)))) 3. Learned counsel for the appellant submitted that the award be modified and compensation be reduced Rs.61,33,800/- as per the following calculations:- Annual Income Rs.4,46,310/- Future Prospects @ 25% (+)Rs.1,11,577/- Total (=)Rs.5,57,887/- Deduction @ 1/4th (-) Rs.1,39,472/- (=)Rs.4,18,415/- Multiplier x14 Total loss of income assessed =Rs.58,57,810/- Funeral Expenses +Rs.18,000/- Loss of Estate +Rs.18,000/- Consortium + Rs.2,40,000 (Rs.48,000/- x 5) Total compensation Rs.61,33, Rs.61,33, Rs.61,33, Rs.61,33,810 810 810 810////---- (rounded off (rounded off (rounded off (rounded off to Rs.61,33, to Rs.61,33, to Rs.61,33, to Rs.61,33,888800/ 00/ 00/ 00/----)))) 4. Learned counsel for the respondent-claimants have no objection if the award is modified accordingly. 5. In view of the settlement inter se the parties, the impugned ATUL SETHI 2025.08.02 11:24 I attest to the accuracy and authenticity of this document Chandigarh FAO-4011-2025 (O&M) 3 award is modified accordingly. The interest awarded by the Tribunal shall remain the same. The respondent-claimants shall receive the aforesaid amount in the same proportion in which the learned Tribunal has awarded the claim. 6. Pending application(s), if any, shall also stand disposed of. 30.07.2025 30.07.2025 30.07.2025 30.07.2025 [HARPREET KAUR JEEWAN] [HARPREET KAUR JEEWAN] [HARPREET KAUR JEEWAN] [HARPREET KAUR JEEWAN] atulsethi JUDGE JUDGE JUDGE JUDGE Whether speaking / reasoned : Yes No Whether Reportable : Yes No ATUL SETHI 2025.08.02 11:24 I attest to the accuracy and authenticity of this document Chandigarh