FAO-1204 IN THE HIGH COURT OF PUNJAB AND HARYANA AT 283 BHUPENDER & ANR PARDEEP PANWAR & ORS CORAM: HON'BLE MR. JUSTICE Present: SUVIR SEHGAL 1. 1988, (for brevity “MV Act”) by the legal representatives of Naveen deceased, aged nine years. compensation awarded by the Motor Accident Claims Tribunal (for short “the Tribunal”), Jhajjar, vide award dated 11.08.2015. 2. Naveen was crossing the road, when a motorcycle bearing registration 1204-2016 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO Date of decision: BHUPENDER & ANR VS. PARDEEP PANWAR & ORS CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL Mr. Ashish Gupta, Advocate for the appellants. None for respondents No.1 and 2. Ms. Shamsher Kaur, Advocate for respondent No.3-Insurance Company **** SUVIR SEHGAL, J. Instant appeal has been filed under the Motor Vehicles Act, 1988, (for brevity “MV Act”) by the legal representatives of Naveen , aged nine years. Appellants have sought enhancement of compensation awarded by the Motor Accident Claims Tribunal (for short the Tribunal”), Jhajjar, vide award dated 11.08.2015. Facts, leading to the filing of the appeal, are that on 12.06.2013, Naveen was crossing the road, when a motorcycle bearing registration IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-1204-2016 Date of decision:30.04.2025 ...APPELLANTS ...RESPONDENTS SUVIR SEHGAL None for respondents No.1 and 2. Ms. Shamsher Kaur, Advocate Insurance Company. appeal has been filed under the Motor Vehicles Act, 1988, (for brevity “MV Act”) by the legal representatives of Naveen Appellants have sought enhancement of compensation awarded by the Motor Accident Claims Tribunal (for short the Tribunal”), Jhajjar, vide award dated 11.08.2015. Facts, leading to the filing of the appeal, are that on 12.06.2013, Naveen was crossing the road, when a motorcycle bearing registration appeal has been filed under the Motor Vehicles Act, 1988, (for brevity “MV Act”) by the legal representatives of Naveen- Appellants have sought enhancement of compensation awarded by the Motor Accident Claims Tribunal (for short Facts, leading to the filing of the appeal, are that on 12.06.2013, Naveen was crossing the road, when a motorcycle bearing registration Sheetal 2025.05.13 16:36 I attest to the accuracy and authenticity of this order/judgment High Court, Chandigarh FAO-1204 No.HR-14J driver fled from the spot. succumbed to the lodged under Sections 279, 304 Section 166 of the MV Act, claimi of Naveen, which has been they have been granted compensation of Rs.5,90,000/ been held jointly and severally liable to pay the amount, along with in @ 8% per annum from the date of filing of the claim petition. 3. respective submissions. 4. the conclusion that the driving by respondent No.1 and Naveen died in the vehicular accident. Tribunal found that respondent No.1 had a valid driving license Ex.R1 and offending vehicle was fully insured under insurance policy 5. of the minor considering doing household work and Rs.36,000/ be increased to Rs. 50,000/ Court in United India Insurance Limited Versus Parmod Saini and others Law Finder Doc 1204-2016 -2- 14J-5293, being rashly driven by respondent No.1, hit h fled from the spot. Naveen sustained multiple injuries and later succumbed to them. An FIR (Ex.P1) bearing No.37dated 13.06.2013 was lodged under Sections 279, 304-A IPC. Appellants filed a petition under Section 166 of the MV Act, claiming compensation on account of the death of Naveen, which has been partly accepted vide award dated 11.08.2015 and they have been granted compensation of Rs.5,90,000/ been held jointly and severally liable to pay the amount, along with in @ 8% per annum 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 and Naveen died in the vehicular accident. Tribunal found that respondent No.1 had a valid driving license Ex.R1 and offending vehicle was fully insured under insurance policy Compensation was assessed by considering the notional income minor deceased at a nominal rate of Rs. 3,000/ considering that he might be contributing doing household work and annual loss of depende Rs.36,000/-. Notional income assessed is on the lower side and deserves to be increased to Rs. 50,000/- per annum in view of the judgments of this United India Insurance Limited Versus Parmod Saini and others Law Finder Doc Id #2630925 and Mustak and another Versus Magruddin 5293, being rashly driven by respondent No.1, hit him and Naveen sustained multiple injuries and later An FIR (Ex.P1) bearing No.37dated 13.06.2013 was A IPC. Appellants filed a petition under ng compensation on account of the death accepted vide award dated 11.08.2015 and they have been granted compensation of Rs.5,90,000/-. Respondents have been held jointly and severally liable to pay the amount, along with interest @ 8% per annum 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 accident took place on account of rash and negligent driving by respondent No.1 and Naveen died in the vehicular accident. Tribunal found that respondent No.1 had a valid driving license Ex.R1 and offending vehicle was fully insured under insurance policy Ex.R3. Compensation was assessed by considering the notional income deceased at a nominal rate of Rs. 3,000/- per month, be contributing towards his family income by annual loss of dependency was calculated as otional income assessed is on the lower side and deserves to per annum in view of the judgments of this United India Insurance Limited Versus Parmod Saini and others Mustak and another Versus Magruddin the Naveen sustained multiple injuries and later An FIR (Ex.P1) bearing No.37dated 13.06.2013 was A IPC. Appellants filed a petition under ng compensation on account of the death accepted vide award dated 11.08.2015 and . Respondents have terest I have heard counsel for the parties and have considered their On the basis of the evidence adduced, the Tribunal has come to accident took place on account of rash and negligent driving by respondent No.1 and Naveen died in the vehicular accident. Tribunal found that respondent No.1 had a valid driving license Ex.R1 and Compensation was assessed by considering the notional income per month, income by ncy was calculated as otional income assessed is on the lower side and deserves to per annum in view of the judgments of this United India Insurance Limited Versus Parmod Saini and others, Mustak and another Versus Magruddin Sheetal 2025.05.13 16:36 I attest to the accuracy and authenticity of this order/judgment High Court, Chandigarh FAO-1204 and others multiplier of 15 Act and it was granted under the heads of funeral expenses and loss of love and affection, both of which need to be reduced to Rs. 18,000/ judicial precedents both dependents towards loss of consortium. 6. 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 deserves to be modified as b Sr. No. 1 2 3 4 5 6 7 8 9 1204-2016 -3- and others, FAO-3925-2015 decided on 16.09.2021 multiplier of 15, which is in accordance with the Second Schedule of and it does not require any modification. A sum of Rs. 25,000/ was granted under the heads of funeral expenses and loss of love and affection, both of which need to be reduced to Rs. 18,000/ judicial precedents. Further, an amount of Rs. 4 both dependents towards loss of consortium. In the light of the guidelines Smt. Sarla Verma and others Versus Delhi Transport Corporation and (2009) 6 SCC 121, National Insurance (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. Head-wise computation deserves to be modified as below:- No. Heads Annual Notional Income Multiplier Total Dependency Loss of Estate Funeral expenses Loss of consortium Total compensation Less: Award by MACT Enhancement 2015 decided on 16.09.2021. Tribunal applied a in accordance with the Second Schedule of MV does not require any modification. A sum of Rs. 25,000/- each was granted under the heads of funeral expenses and loss of love and affection, both of which need to be reduced to Rs. 18,000/- each in view of . Further, an amount of Rs. 48,000/- has to be awarded to both dependents towards loss of consortium. 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 wise computation of compensation Compensation Awards Rs.50,000/- 15 Rs.7,50,000/- (Rs.50,000/-x15) Rs.18,000/- Rs.18,000/- Rs.96,000/- (Rs.48,000/- payable to each of two dependents) Rs.8,82,000/- Rs.5,90,000/- Rs.2,92,000/- . Tribunal applied a MV each was granted under the heads of funeral expenses and loss of love and view of to be awarded to laid down by the Supreme Court in Smt. Sarla Verma and others Versus Delhi Transport Corporation and Co. Ltd. v. Pranay Sethi, Magma General Insurance Co. Ltd. Versus Nanu , claimants are compensation x15) payable Sheetal 2025.05.13 16:36 I attest to the accuracy and authenticity of this order/judgment High Court, Chandigarh FAO-1204 7. of Rs.2,92,000/ the rate of 7.5% per annum from the date of the filing of the claim petition. 8. 9. any, is/are disposed off. 30.04.2025 sheetal 1204-2016 -4- Accordingly, appellants are held to an additional compensation of Rs.2,92,000/-, which shall be payable by the respondents with interest at the rate of 7.5% per annum from the date of the filing of the claim petition. Appeal is disposed off. As the main appeal has been decided, pending application(s), if any, is/are disposed off. 2025 Whether Speaking/reasoned Yes/No Whether Reportable Yes/No appellants are held to an additional compensation shall be payable by the respondents with interest at the rate of 7.5% per annum from the date of the filing of the claim petition. As the main appeal has been decided, pending application(s), if (SUVIR SEHGAL) JUDGE Yes/No Yes/No appellants are held to an additional compensation shall be payable by the respondents with interest at the rate of 7.5% per annum from the date of the filing of the claim petition. As the main appeal has been decided, pending application(s), if Sheetal 2025.05.13 16:36 I attest to the accuracy and authenticity of this order/judgment High Court, Chandigarh