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FAO-4893-2023 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
FAO-4893-2023 Date of decision: 11.09.2025 Anita and others ...Appellants Versus Hawa Singh and another ...Respondents CORAM:
HON'BLE MR. JUSTICE DEEPAK GUPTA Present: Mr. Naveen Siwach, Advocate (Through VC) for the appellants. Mr. Abhimanyu Kalsy, Advocate for respondent No.2-Insurance Company. **** DEEPAK GUPTA, J. (ORAL)
1. On hearing learned counsel for the appellants-claimants and counsel for respondent No.2-Insurance Company, it has emerged that only dispute le. is regarding the deduc/on out of the earnings of the deceased. The Tribunal by way of the award dated 12.05.2023 has made 1/3rd deduc/on out of the earnings of the deceased, despite the fact that there were four claimants and as such 1/4th deduc/on should have been made as per the dictum of Hon’ble Supreme Court in case Sarla Verma (Smt.) and others Vs. Delhi Transport Corporation and another reported as (2009) 6 SCC 121.
2. By calcula/ng the en/re compensa/on amount a.er making 1/4th deduc/on, total compensa/on comes out to be Rs.25,71,500/- as per the calcula/on placed on record by learned counsel for Insurance Company which means that there should be enhancement of Rs.2,62,500/-. Counsel for the appellant-claimants does not dispute the said calcula/on.
3. As such, the present appeal is hereby disposed of by modifying Yogesh Mehta 2025.09.11 18:56 I agree to specified portions of this document
FAO-4893-2023 [2] the award dated 12.05.2023 of the Tribunal by holding that appellants- claimants are en/tled to compensa/on of Rs.25,71,500/-. The said compensa/on amount shall be payable to the appellants-claimants along with interest at the rate of 7% per annum to be calculated from the date of filing of the claim pe//on /ll actual realiza/on. All this amount shall be paid to the claimants in the same propor/on as was awarded by the Tribunal. 11.09.2025 (DEEPAK GUPTA) Yogesh JUDGE Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No Yogesh Mehta 2025.09.11 18:56 I agree to specified portions of this document