FAO-6112 IN THE HIGH COURT OF PUNJAB AND HARYANA AT 223-2. ANN KAUR AND ORS JAI PAL AND ORS CORAM: HON'BLE MR. JUSTICE Present: SUVIR SEHGAL 1. Vehicles Act, 1988 Suresh- deceased. Appellants have sought enhancement of compensation granted by the Motor Accident Claims Rohtak vide award dated 21.11.2013 2. Vijay Kumar and Suresh were travelling to their village in a Cruiser Jeep being driven by Vijay Kumar registration without parking lights or indicators. 6112-2014 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO Date of decision: ANN KAUR AND ORS VS. JAI PAL AND ORS CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL Mr. Devesh Nehra, Advocate for Mr. Rakesh Nehra, Senior Advocate for the appellants. None for respondents No.1 and 2. Mr. Sanjeev Kodan, Advocate for respondent No.3. **** SEHGAL, J. Instant appeal has been filed under section 173 the Motor Vehicles Act, 1988 (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 Tribunal”), vide award dated 21.11.2013. Facts leading to the filing of the appeal are that on 25.01.2012, Vijay Kumar and Suresh were travelling to their village in a Cruiser Jeep being driven by Vijay Kumar, which smas registration No.HR-63-A-8968 wrongly parked on the road near the divider without parking lights or indicators. Both the occupants of IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-6112-2014 Date of decision:27.05.2025 ...APPELLANTS ...RESPONDENTS SUVIR SEHGAL Mr. Devesh Nehra, Advocate for Mr. Rakesh Nehra, Senior Advocate None for respondents No.1 and 2. Mr. Sanjeev Kodan, Advocate Instant appeal has been filed under section 173 the Motor (for brevity “MV Act”) by the legal representatives of deceased. Appellants have sought enhancement of compensation Tribunal (for short “the Tribunal”), Facts leading to the filing of the appeal are that on 25.01.2012, Vijay Kumar and Suresh were travelling to their village in a Cruiser Jeep , which smashed into a Truck bearing wrongly parked on the road near the divider oth the occupants of Jeep sustained Instant appeal has been filed under section 173 the Motor (for brevity “MV Act”) by the legal representatives of deceased. Appellants have sought enhancement of compensation Tribunal (for short “the Tribunal”), Facts leading to the filing of the appeal are that on 25.01.2012, Vijay Kumar and Suresh were travelling to their village in a Cruiser Jeep a Truck bearing wrongly parked on the road near the divider Jeep sustained Sheetal 2025.05.29 17:09 I attest to the accuracy and authenticity of this order/judgment High Court, Chandigarh FAO-6112 serious injuries and succumbed to their injuries. Sections 287 and 304 Appellants filed a compensation on account of the death of Suresh, which has been accepted and they have been granted compensation of Respondents were with interest @ 7.5% p.a., from the date 3. respective submissions. 4. conclusion that the accident took place on account of wrong parking of Truck by respondent No.1 who Suresh. Tribunal found that the driver of driving license Ex.R1 and the vehicle was insured under insurance policy Ex.R5. 5. Ex-Sarpanch who deposed that Suresh was running a dairy namely ‘Maa Shudh Dairy’ an claimants supporting evidence. 6. was 47 years of age as Rs.5,000/ for unskilled labo Therefore, no increase can be made in the assessed income of the deceased. 6112-2014 -2- serious injuries and were taken to the PGIMS, Rohtak where they succumbed to their injuries. An FIR No.27, Ex.P8 ections 287 and 304-A of IPC was lodged at Police Station Sadar, Rohtak. ppellants filed a petition under Section 166 of MV compensation on account of the death of Suresh, which has been accepted and they have been granted compensation of Respondents were held jointly and severally liable to pay the same, along with interest @ 7.5% 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, conclusion that the accident took place on account of wrong parking of Truck by respondent No.1 who was the driver, which resulted in the death of Suresh. Tribunal found that the driver of driving license Ex.R1 and the vehicle was insured under insurance policy Appellants-claimants have examined Madan Lal, PW2, Sarpanch who deposed that Suresh was running a dairy namely ‘Maa Shudh Dairy’ and was earning Rs.25,000/ claimants cannot be accepted in absence of any supporting evidence. Tribunal has rightly assessed the income of the deceased, who 47 years of age as Rs.5,000/- per month. for unskilled labour in the State of Haryana as on 01.01.2012 was Rs.4847/ Therefore, no increase can be made in the assessed income of the deceased. were taken to the PGIMS, Rohtak where they An FIR No.27, Ex.P8, dated 26.01.2012 under was lodged at Police Station Sadar, Rohtak. etition under Section 166 of MV Act claiming compensation on account of the death of Suresh, which has been partly accepted and they have been granted compensation of Rs.4,10,000/ jointly and severally liable to pay the same, along of filing of the claim petition. I have heard counsel for the parties and have considered their On the basis of the evidence adduced, Tribunal has come to the conclusion that the accident took place on account of wrong parking of the driver, which resulted in the death of Suresh. Tribunal found that the driver of the Truck was holding a valid driving license Ex.R1 and the vehicle was insured under insurance policy ave examined Madan Lal, PW2, Sarpanch who deposed that Suresh was running a dairy namely ‘Maa d was earning Rs.25,000/- per month. This assertion of the in absence of any documentary or other assessed the income of the deceased, who month. The minimum rate of wages r in the State of Haryana as on 01.01.2012 was Rs.4847/ Therefore, no increase can be made in the assessed income of the deceased. were taken to the PGIMS, Rohtak where they dated 26.01.2012 under was lodged at Police Station Sadar, Rohtak. claiming partly Rs.4,10,000/-. jointly and severally liable to pay the same, along I have heard counsel for the parties and have considered their Tribunal has come to the conclusion that the accident took place on account of wrong parking of the driver, which resulted in the death of the Truck was holding a valid driving license Ex.R1 and the vehicle was insured under insurance policy ave examined Madan Lal, PW2, Sarpanch who deposed that Suresh was running a dairy namely ‘Maa of the documentary or other assessed the income of the deceased, who The minimum rate of wages r in the State of Haryana as on 01.01.2012 was Rs.4847/-. Therefore, no increase can be made in the assessed income of the deceased. Sheetal 2025.05.29 17:09 I attest to the accuracy and authenticity of this order/judgment High Court, Chandigarh FAO-6112 Dependency of 1/2 applied by Tribunal does not require any interference the deceased was a bachelor. Tribunal has correctly applied 13, keeping in view the age of the deceased. However, Tribunal has not considered f 25%. Tribunal has awarded Rs.2 funeral expenses. This figure Compensation granted to the claimants. 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, (2018) 18 SCC 130 entitled to an enhanced award. This court is of the view that head computation of compensation deserves to be modified as below: Sr. No. 1 2 3 4 5 6 7 8 9 10 11 12 6112-2014 -3- ependency of 1/2 applied by Tribunal does not require any interference the deceased was a bachelor. Tribunal has correctly applied 13, keeping in view the age of the deceased. However, Tribunal has not considered future prospects of the deceased, which have to be granted at 25%. Tribunal has awarded Rs.20,000/- funeral expenses. This figure requires to be reduced to Rs.18,000/ Compensation towards loss of estate and loss of consortium to the claimants. In the light of the principles laid down by the Supreme Court in Smt. Sarla Verma and others Versus Delhi Transport Corporation and another (2009) 6 SCC 121, National Insurance Co. Ltd. v. Pranay Sethi, (2017) 16 SCC 680 and Magma General Insurance Co. Ltd Ram alias Chuhru Ram and others, (2018) 18 SCC 130 entitled to an enhanced award. This court is of the view that head computation of compensation deserves to be modified as below: Sr. No. Heads 1 Monthly Income 2 Future prospects 3 Deduction towards personal expenditure 1/2 4 Total Monthly Income 5 Multiplier 6 Annual dependency 7 Loss of Consortium 8 Funeral expenses 9 Loss of Estate 10 Total compensation 11 Less: Award by MACT 12 Enhancement ependency of 1/2 applied by Tribunal does not require any interference the deceased was a bachelor. Tribunal has correctly applied a multiplier of 13, keeping in view the age of the deceased. However, Tribunal has not uture prospects of the deceased, which have to be granted at - on account of transportation and requires to be reduced to Rs.18,000/ towards loss of estate and loss of consortium is required to be 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 Ram alias Chuhru Ram and others, (2018) 18 SCC 130, claimants are entitled to an enhanced award. This court is of the view that head-wise computation of compensation deserves to be modified as below:- Compensation Awards Rs.5,000/- Rs.1,250/- (25% of Rs.8,000/ Rs.6,250/- x 1/2 Rs.3,125/- (Rs.6,250/- subtract Rs.3,125/ 13 Rs.4,87,500/- (Rs.3,125/- x12 x13) Rs.1,44,000/- (Rs.48,000/- x 3) Rs.18,000/- Rs.18,000/- Rs.6,67,500/- Rs.4,10,000/- Rs.2,57,500/- ependency of 1/2 applied by Tribunal does not require any interference as a multiplier of 13, keeping in view the age of the deceased. However, Tribunal has not uture prospects of the deceased, which have to be granted at portation and requires to be reduced to Rs.18,000/-. is required to be 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, . Versus Nanu , claimants are wise 8,000/-) subtract Rs.3,125/-) x12 x 3) Sheetal 2025.05.29 17:09 I attest to the accuracy and authenticity of this order/judgment High Court, Chandigarh FAO-6112 8. compensation of Rs.2,57,500/ 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. 27.05.2025 sheetal 6112-2014 -4- Accordingly, the appellants are entitled to an additional compensation of Rs.2,57,500/-, 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 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 , 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 Sheetal 2025.05.29 17:09 I attest to the accuracy and authenticity of this order/judgment High Court, Chandigarh