FAO-976-2016 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 222 Smt. Rashmi and others Chandvir and others CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - NIDHI GUPTA, J. 1. enhancement of the compensation amount of learned Motor Accident Claims Tribunal, Jhajjar (for short Tribunal) vide Award dated of 2014 dated Act, 1988. The 03 claimants are the: i) and iii) mother of deceased accident. 2. basis of pleadings and evidence adduced before it concluded that deceased-Vikas 10.05.2014 L-2115 (hereinafter referred to as ‘the offending vehicle’) No.1-Chandvir 2016 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Smt. Rashmi and others Versus and others CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Kulvir Narwal, Advocate for the appellants. Ms. Manvi Verma, Advocate for Mr. Rajneesh Malhotra, Advocate for respondent No. 3-Insurance Company. GUPTA, J. The appellant-claimants have filed the present appeal seeking enhancement of the compensation amount of learned Motor Accident Claims Tribunal, Jhajjar (for short Tribunal) vide Award dated 25.05.2015, passed in MAC Petition No. 05 of 2014 dated 02.08.2014 filed under Section Act, 1988. The 03 claimants are the: i) 23 year old widow; ii) minor son; and iii) mother of deceased Vikas who was Brief facts of the case are that the learned Tribunal on the basis of pleadings and evidence adduced before it concluded that Vikas, had died in a motor vehicular accident that took place on 10.05.2014 due to rash and negligent driving of 2115 (hereinafter referred to as ‘the offending vehicle’) Chandvir; owned by respondent No. 2 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-976-2016 Date of Decision:13.08.2025 .…Appellants ....Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Kulvir Narwal, Advocate for the appellants. Ms. Manvi Verma, Advocate for Mr. Rajneesh Malhotra, Advocate Insurance Company. claimants have filed the present appeal seeking enhancement of the compensation amount of ₹14,35,000/- awarded by the learned Motor Accident Claims Tribunal, Jhajjar (for short-‘the learned , passed in MAC Petition No. 05 02.08.2014 filed under Section 166 of the Motor Vehicles 23 year old widow; ii) minor son; who was 32 years old at the time of Brief facts of the case are that the learned Tribunal on the basis of pleadings and evidence adduced before it concluded that in a motor vehicular accident that took place on due to rash and negligent driving of Bolero Jeep No. HR-16- 2115 (hereinafter referred to as ‘the offending vehicle’) by respondent ; owned by respondent No. 2-Jai Narain; and insured by claimants have filed the present appeal seeking awarded by the ‘the learned , passed in MAC Petition No. 05 the Motor Vehicles 23 year old widow; ii) minor son; 32 years old at the time of Brief facts of the case are that the learned Tribunal on the basis of pleadings and evidence adduced before it concluded that in a motor vehicular accident that took place on by respondent and insured by RISHU KATARIA 2025.08.18 18:52 I attest to the accuracy and authenticity of this order/judgment. FAO-976-2016 respondent No. 3 compensation as above along with in date of filing the claim petition till actual realization. to 3 were held liable to pay the amount of compensation jointly and severally. claimants as 1. Smt. Rashmi, widow 2. Rikshit, minor son 3.Smt. Raj Bala, mother 3. compensation on the ground that it was proven on record that deceased Vikas was working as Clerk in Indo Jhajjar and was earning of the deceased, the claimants have produced the salary certificate and also the Attendance Register Ex. P duly proved Road, Jhajjar. It is submitted that despite that income of the deceased has been taken as only ignoring the above said evidence. 4. claimant also deserves to be enhanced on account of the fact that nothing has been awarded towards future prospects. the impugned Award be modified and the compensation appellants be enhanced. 5. submits that the compensation has already 2016 -2- respondent No. 3-Insurance Company. compensation as above along with interest @ date of filing the claim petition till actual realization. to 3 were held liable to pay the amount of compensation jointly and The amount of compensation is apportioned amongst the claimants as under:- Smt. Rashmi, widow 50% Rikshit, minor son 35% Smt. Raj Bala, mother 15% Learned counsel for the appellants seeks enhancement of compensation on the ground that it was proven on record that deceased Vikas was working as Clerk in Indo American School, Delhi Road, and was earning ₹18,000/- per month. of the deceased, the claimants have produced the salary certificate and also the Attendance Register Ex. P-1 and P duly proved by PW-1 Uday Raj, Clerk of Indo American School, Delhi Road, Jhajjar. It is submitted that despite that income of the deceased has been taken as only ₹10,000/- per month by the learned Tribunal, while ignoring the above said evidence. It is further submitted that the compensation awarded to the claimant also deserves to be enhanced on account of the fact that nothing has been awarded towards future prospects. the impugned Award be modified and the compensation appellants be enhanced. Learned counsel for respondent No. 3 submits that the compensation has already Insurance Company. Ld. Tribunal awarded terest @ 7.5% per annum from the date of filing the claim petition till actual realization. Respondents No. 1 to 3 were held liable to pay the amount of compensation jointly and The amount of compensation is apportioned amongst the Learned counsel for the appellants seeks enhancement of compensation on the ground that it was proven on record that deceased- American School, Delhi Road, per month. In order to prove the income of the deceased, the claimants have produced the salary certificate Ex.P-3; 1 and P-2; which documents were 1 Uday Raj, Clerk of Indo American School, Delhi Road, Jhajjar. It is submitted that despite that income of the deceased has by the learned Tribunal, while s further submitted that the compensation awarded to the claimant also deserves to be enhanced on account of the fact that nothing has been awarded towards future prospects. It is accordingly prayed that the impugned Award be modified and the compensation granted to the Learned counsel for respondent No. 3-Insurance Company submits that the compensation has already been awarded in excess as the Tribunal awarded % per annum from the Respondents No. 1 to 3 were held liable to pay the amount of compensation jointly and The amount of compensation is apportioned amongst the Learned counsel for the appellants seeks enhancement of American School, Delhi Road, In order to prove the income 1 Uday Raj, Clerk of Indo American School, Delhi Road, Jhajjar. It is submitted that despite that income of the deceased has by the learned Tribunal, while s further submitted that the compensation awarded to the claimant also deserves to be enhanced on account of the fact that nothing It is accordingly prayed that granted to the Insurance Company awarded in excess as the RISHU KATARIA 2025.08.18 18:52 I attest to the accuracy and authenticity of this order/judgment. FAO-976-2016 multiplier of 17 has been applied; whereas the deceased ought to have applied the multiplier of 16. present Appeal be dismissed. 6. 7. detail. I find parties. 8. have produced salary certificate Ex. P learned Tribunal); P-1 and Ex. P respectively). However, perusal of the said documents at page Nos. and 45 of the record of learned T the stamp of the school where the deceased was stated to be working as Clerk. This fact has been admitted by PW testimony at page 81 of the record of learned Tribunal appointment, joining report etc. was produced by the claimants, or by PW-1 Uday Raj, Clerk. relied upon. book, bank account statement or Income Tax Retu prove that he was earning income of the deceased was correctly assessed by th ₹10,000/- per month. 2016 -3- multiplier of 17 has been applied; whereas the deceased was 32 years old at the time of accident ought to have applied the multiplier of 16.It is accordingly prayed that the present Appeal be dismissed. No other argument is raised on behalf of I have heard learned counsel I find some merit in the arguments advanced on behalf of both the In order to prove the income of the deceased, the claimants have produced salary certificate Ex. P-3 (at page No. 47 of the record learned Tribunal); and also the Attendance 1 and Ex. P-2 (at page Nos. 43 and 45 of the record of respectively). However, perusal of the said documents at page Nos. and 45 of the record of learned Tribunal shows that the s the stamp of the school where the deceased was stated to be working as Clerk. This fact has been admitted by PW testimony at page 81 of the record of learned Tribunal appointment, joining report etc. was produced by the claimants, or by 1 Uday Raj, Clerk. Therefore, the above said evidence cannot be relied upon. Moreover, the claimants had not brought on record any pass book, bank account statement or Income Tax Retu prove that he was earning ₹18,000/- per month. In this view of the matter income of the deceased was correctly assessed by th per month. multiplier of 17 has been applied; whereas keeping in view the fact that was 32 years old at the time of accident, the learned Tribunal It is accordingly prayed that the No other argument is raised on behalf of the parties. counsel and perused the case file in some merit in the arguments advanced on behalf of both the In order to prove the income of the deceased, the claimants (at page No. 47 of the record of and also the Attendance Register of the deceased as Ex. . 43 and 45 of the record of learned Tribunal, respectively). However, perusal of the said documents at page Nos. 43 shows that the same do not bear the stamp of the school where the deceased was stated to be working as Clerk. This fact has been admitted by PW-1 Uday Raj, Clerk in his testimony at page 81 of the record of learned Tribunal. Even no letter of appointment, joining report etc. was produced by the claimants, or by Therefore, the above said evidence cannot be Moreover, the claimants had not brought on record any pass- book, bank account statement or Income Tax Return of the deceased to per month. In this view of the matter income of the deceased was correctly assessed by the Tribunal as keeping in view the fact that the learned Tribunal It is accordingly prayed that the the case file in some merit in the arguments advanced on behalf of both the In order to prove the income of the deceased, the claimants of Register of the deceased as Ex. learned Tribunal, 43 do not bear the stamp of the school where the deceased was stated to be working as 1 Uday Raj, Clerk in his Even no letter of appointment, joining report etc. was produced by the claimants, or by Therefore, the above said evidence cannot be rn of the deceased to per month. In this view of the matter Tribunal as RISHU KATARIA 2025.08.18 18:52 I attest to the accuracy and authenticity of this order/judgment. FAO-976-2016 9. appellant-claimants that the learned Tribunal has awarded nothing towards future prospects. Supreme Court in Finder Doc Id # towards future prospects in the income of the deceased 10. correctly made deduction of 1/3 Conventional Head towards funeral expenses; ₹25,000/- consortium Thus, the ld. with interest @ 7.5% per annum from the date of filing the petition till realization. 11. respondent No. 3 years at the time accident, therefore, multiplier of 16 is to the applied; whereas the learned Tribunal had applied the multiplier of 17. 12. partly allowed appellant/claimants is re Details Income 2016 -4- It has further been submitted by learned counsel for the claimants that the learned Tribunal has awarded nothing towards future prospects. No doubt, as per law laid down by the Hon’ble Supreme Court in Sarla Verma vs. Delhi Transport Corporation, Finder Doc Id # 188882, the learned Tribunal ought to have added 40% towards future prospects in the income of the deceased Further, as there were 03 claimants, the learned Tribunal has correctly made deduction of 1/3rd towards personal expenses. Conventional Heads, the Tribunal had towards funeral expenses; ₹25,000/- towards loss of love and affection; to claimant No. 1/widow of the deceased consortium; thereby awarding ₹75,000/– the ld. Tribunal awarded total compensation of with interest @ 7.5% per annum from the date of filing the petition till realization. I also found merit in the submission of lear respondent No. 3-Insurance Company that a years at the time accident, therefore, multiplier of 16 is to the applied; whereas the learned Tribunal had applied the multiplier of 17. In view of the discussion above, the present appeal is allowed, and the compensation awarded to claimants is re-assessed as under: Before the Tribunal ₹10,000/- per month or ₹1,20,000/- per annum It has further been submitted by learned counsel for the claimants that the learned Tribunal has awarded nothing , as per law laid down by the Hon’ble Sarla Verma vs. Delhi Transport Corporation, Law the learned Tribunal ought to have added 40% towards future prospects in the income of the deceased. Further, as there were 03 claimants, the learned Tribunal has towards personal expenses. Under the awarded a sum of₹25,000/- towards loss of love and affection; 1/widow of the deceased towards loss of under the conventional heads. Tribunal awarded total compensation of ₹14,35,000/- along with interest @ 7.5% per annum from the date of filing the petition till I also found merit in the submission of learned counsel for Insurance Company that as age of the deceased was 32 years at the time accident, therefore, multiplier of 16 is to the applied; whereas the learned Tribunal had applied the multiplier of 17. above, the present appeal is the compensation awarded to the assessed as under:- Revised compensation ₹10,000/- per month or ₹1,20,000/- per annum It has further been submitted by learned counsel for the claimants that the learned Tribunal has awarded nothing , as per law laid down by the Hon’ble Law the learned Tribunal ought to have added 40% Further, as there were 03 claimants, the learned Tribunal has nder the towards loss of love and affection; towards loss of under the conventional heads. along with interest @ 7.5% per annum from the date of filing the petition till ned counsel for age of the deceased was 32 years at the time accident, therefore, multiplier of 16 is to the applied; RISHU KATARIA 2025.08.18 18:52 I attest to the accuracy and authenticity of this order/judgment. FAO-976-2016 Future prospects Deduction Age and Multiplier Loss of dependency Consortium Loss of love and affection to children/child Funeral expenses Loss of Estate Total compensation Interest Revised amount of compensation to be paid to the claimants 13. 13.08.2025 rishu 2016 -5- None Deduction 1/3rd= ₹80,000/- per annum Age and Multiplier Age 32 M-17 oss of dependency ₹80,000/- x 17 = ₹13,60,000/- Consortium Loss of love and affection to children/child ₹25,000/- ₹25,000/- ₹25,000/- Loss of Estate None compensation ₹14,35,000/- 7.5% per annum amount of compensation to be paid to the claimants ₹19,72,000/- - Rs. 14,35,000/ Pending application(s), if any, shall also stand disposed of. 13.08.2025 Whether speaking/reasoned Whether Reportable 40% ₹1,68,000/- 1/3rd = ₹1,12,000/- per annum Age 32 M-16 ₹1,12,000/- x 16 = ₹17,92,000/- ₹48,000/- x 3 = ₹1,44,000/- ₹18,000/- ₹18,000/- ₹19,72,000/- 6% Rs. 14,35,000/– = ₹5,37,000/–. Pending application(s), if any, shall also stand disposed of. ( NIDHI GUPTA ) JUDGE Yes/No Yes/No RISHU KATARIA 2025.08.18 18:52 I attest to the accuracy and authenticity of this order/judgment.