FAO-7041 IN THE HIGH COURT OF PUNJAB AND HARYANA AT 235 DHARAM PAL AND OTHERS RAKESH KUMAR AND ANR CORAM: HON'BLE MR. JUSTICE Present: SUVIR SEHGAL 1. of respondent No.1 and has filed Memorandum of Appearance, which is taken on record. 2. of respondent No.2 and has filed Vakalatnama, which is also taken on record. 7041-2017 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO Date of decision: DHARAM PAL AND OTHERS VS. RAKESH KUMAR AND ANR CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL Mr. Aayush Gupta, Advocate & Mr. Rishab Garg, Advocate for the appellants. Mr. Ankit Chowdhari, Advocate for respondent No.1. Mr. Tejinder Pal Singh, Advocate for respondent No.2. **** SUVIR SEHGAL, J. Mr. Ankit Chowdhari, Advocate has put in appearance on behalf of respondent No.1 and has filed Memorandum of Appearance, which is taken on record. Mr. Tejinder Pal Singh, Advocate has put in appearance on behalf respondent No.2 and has filed Vakalatnama, which is also taken on record. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-7041-2017 Date of decision:02.04.2025 ...APPELLANTS ...RESPONDENTS SUVIR SEHGAL Mr. Aayush Gupta, Advocate & Mr. Ankit Chowdhari, Advocate Tejinder Pal Singh, Advocate Mr. Ankit Chowdhari, Advocate has put in appearance on behalf of respondent No.1 and has filed Memorandum of Appearance, which is taken Mr. Tejinder Pal Singh, Advocate has put in appearance on behalf respondent No.2 and has filed Vakalatnama, which is also taken on record. Mr. Ankit Chowdhari, Advocate has put in appearance on behalf of respondent No.1 and has filed Memorandum of Appearance, which is taken Mr. Tejinder Pal Singh, Advocate has put in appearance on behalf respondent No.2 and has filed Vakalatnama, which is also taken on record. Sheetal 2025.04.08 16:24 I attest to the accuracy and authenticity of this order/judgment High Court, Chandigarh FAO-7041 3. 1988 (for short “MV Act”) deceased. Appellants have sought enhancement of comp the Motor Accident Claims Tribunal (for short “the Tribunal”), Ambala vide award dated 20.02.2017. 4. along with Nisha Devi and Sheela Devi 05.05.2016, NH-72 Panchkula bearing registration No. respondent no.1. As a result, Gendo De multiple injuries. She was taken to CHC, Shahzadpur where she was declared as brought dead. An FIR (Ex.P1) bearing No.54 dated 05.05.2016 was lodged under Sections 279, and 304 Shahzadpur. Act claiming compensation on account of the death of Gendo Devi, which has been partly accepted vide award dated 20.02.2017 and they have been granted compensation of Rs. severally from the date of filing of the claim petition. 5. respective submissions. 6. the conclusion that the accident took place on account of rash and negligent 7041-2017 -2- Instant appeal has been filed under the Motor Vehicles Act, (for short “MV Act”) by legal representatives of Gendo Devi deceased. Appellants have sought enhancement of comp the Motor Accident Claims Tribunal (for short “the Tribunal”), Ambala vide award dated 20.02.2017. Facts leading to the filing of the appeal are that Gendo Devi along with Nisha Devi and Sheela Devi 05.05.2016, they were returning to the fields and while trying to cross 72 Panchkula-Shahzadpur road, Gendo Devi was hit by a moto bearing registration No.PB-65-T-5477, which was being rashly driven by respondent no.1. As a result, Gendo De multiple injuries. She was taken to CHC, Shahzadpur where she was declared as brought dead. An FIR (Ex.P1) bearing No.54 dated 05.05.2016 was lodged under Sections 279, and 304 Shahzadpur. Appellants filed a claim petition under Section 166 of the MV claiming compensation on account of the death of Gendo Devi, which has been partly accepted vide award dated 20.02.2017 and they have been granted compensation of Rs.4,67,000/-. R held liable to pay the same, along with interest @ 7.5% 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 Instant appeal has been filed under the Motor Vehicles Act, by legal representatives of Gendo Devi deceased. Appellants have sought enhancement of compensation granted by the Motor Accident Claims Tribunal (for short “the Tribunal”), Ambala vide Facts leading to the filing of the appeal are that Gendo Devi along with Nisha Devi and Sheela Devi were working as labourers. were returning to the fields and while trying to cross Gendo Devi was hit by a motorcycle which was being rashly driven by respondent no.1. As a result, Gendo Devi fell on the road and sustained multiple injuries. She was taken to CHC, Shahzadpur where she was declared as brought dead. An FIR (Ex.P1) bearing No.54 dated 05.05.2016 was lodged under Sections 279, and 304-A IPC at Police Station s filed a claim petition under Section 166 of the MV claiming compensation on account of the death of Gendo Devi, which has been partly accepted vide award dated 20.02.2017 and they have been . Respondents have been jointly and liable to pay the same, along with interest @ 7.5% 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 the conclusion that the accident took place on account of rash and negligent Instant appeal has been filed under the Motor Vehicles Act, by legal representatives of Gendo Devi, ensation granted by the Motor Accident Claims Tribunal (for short “the Tribunal”), Ambala vide Facts leading to the filing of the appeal are that Gendo Devi On were returning to the fields and while trying to cross rcycle which was being rashly driven by vi fell on the road and sustained multiple injuries. She was taken to CHC, Shahzadpur where she was declared as brought dead. An FIR (Ex.P1) bearing No.54 dated 05.05.2016 A IPC at Police Station s filed a claim petition under Section 166 of the MV claiming compensation on account of the death of Gendo Devi, which has been partly accepted vide award dated 20.02.2017 and they have been jointly and liable to pay the same, along with interest @ 7.5% per annum I have heard counsel for the parties and have considered their 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 Sheetal 2025.04.08 16:24 I attest to the accuracy and authenticity of this order/judgment High Court, Chandigarh FAO-7041 driving by respondent No.1 and Gendo Devi died in Tribunal found that the offending vehicle was insured under insurance policies Ex.P4 and Ex.R1. 7. deceased, who was 63 years old as Rs.7,000/ be modified a notification issued by the Government of Haryana effective from 01.01.2016. Verma and others Versus Delhi Transport Corporation and another (2009) 6 SCC 121 personal expenses from the monthly income as the deceased had three dependents, which does not need any interference. Tribunal applied a multiplier of 7, keeping in view the age of the dece Tribunal has not granted any compensation on account of loss of estate. Award under the head of loss of consortium and funeral expenses deserves to be altered in view of the legal precedents. 8. Sarla Verma’s case (supra) (2017) 16 SCC 680 Nanu Ram alias Chuhru Ram and others are entitled to court is of the view that head deserves to be modified as below: 7041-2017 -3- driving by respondent No.1 and Gendo Devi died in Tribunal found that respondent No.1 had a the offending vehicle was insured under insurance policies Ex.P4 and Ex.R1. Compensation was assessed by assuming the income of the deceased, who was 63 years old as Rs.7,000/ be modified and enhanced to Rs.7,976/- notification issued by the Government of Haryana effective from 01.01.2016. In view of the judgment of the Supreme Court in Verma and others Versus Delhi Transport Corporation and another (2009) 6 SCC 121, Tribunal has applied a deduction of 1/3 personal expenses from the monthly income as the deceased had three dependents, which does not need any interference. Tribunal applied a multiplier of 7, keeping in view the age of the dece Tribunal has not granted any compensation on account of loss of estate. Award under the head of loss of consortium and funeral expenses deserves to be altered in view of the legal precedents. In the light of the principles laid Sarla Verma’s case (supra), National Insurance Co. Ltd. v. Pranay Sethi (2017) 16 SCC 680 read with Magma General Insurance Co. Ltd. Versus Nanu Ram alias Chuhru Ram and others are entitled to award under conventional heads, for future prospects etc. This court is of the view that head-wise various computations of compensation deserves to be modified as below:- driving by respondent No.1 and Gendo Devi died in a vehicular accident. espondent No.1 had a valid Driver’s License Ex.P1 and the offending vehicle was insured under insurance policies Ex.P4 and Ex.R1. Compensation was assessed by assuming the income of the deceased, who was 63 years old as Rs.7,000/- per month, which deserves to - on the basis of minimum wages notification issued by the Government of Haryana effective from In view of the judgment of the Supreme Court in Smt. Sarla Verma and others Versus Delhi Transport Corporation and another , Tribunal has applied a deduction of 1/3rd towards personal expenses from the monthly income as the deceased had three dependents, which does not need any interference. Tribunal applied a multiplier of 7, keeping in view the age of the deceased which is in order Tribunal has not granted any compensation on account of loss of estate. Award under the head of loss of consortium and funeral expenses deserves to be altered in view of the legal precedents. In the light of the principles laid down by the Supreme Court in 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 award under conventional heads, for future prospects etc. This wise various computations of compensation accident. valid Driver’s License Ex.P1 and the offending vehicle was insured under insurance policies Ex.P4 and Ex.R1. Compensation was assessed by assuming the income of the per month, which deserves to n the basis of minimum wages notification issued by the Government of Haryana effective from Smt. Sarla Verma and others Versus Delhi Transport Corporation and another, towards personal expenses from the monthly income as the deceased had three dependents, which does not need any interference. Tribunal applied a is in order. Tribunal has not granted any compensation on account of loss of estate. Award under the head of loss of consortium and funeral expenses deserves down by the Supreme Court in National Insurance Co. Ltd. v. Pranay Sethi, Magma General Insurance Co. Ltd. Versus , claimants award under conventional heads, for future prospects etc. This wise various computations of compensation Sheetal 2025.04.08 16:24 I attest to the accuracy and authenticity of this order/judgment High Court, Chandigarh FAO-7041 Sr. No. 1 2 3 4 5 6 7 8 9 10 11 9. compensation of Rs.1,59,712/ interest at the rate of 7.5% per annum from the date of the filing of the claim petition. 10. 11. any, is/are disposed off 02.04.2025 sheetal 7041-2017 -4- Sr. No. Heads Monthly Income Deduction towards personal expenditure 1/3 Total Monthly Income Multiplier Annual dependency Loss of Consortium Funeral expenses Loss of Estate Total compensation 10 Less: Award by MACT 11 Enhancement Accordingly, the appellants are held to an additional compensation of Rs.1,59,712/-, 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 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 Compensation Awards Rs.7,976/- 3 Rs.2,658/- (Rs.7,976/- x 1/ Rs.5,318/- (Rs.7,976/ subtract Rs.2,658 7 Rs.4,46,712/- (Rs.5,318/- 12 x 7) Rs.1,44,000/- Rs.18,000/- Rs.18,000/- Rs.6,26,712/- Less: Award by MACT Rs.4,67,000/- Rs.1,59,712/- Accordingly, the appellants are held to an additional 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 1/3) 2,658/-) x Accordingly, the appellants are held to an additional 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 2025.04.08 16:24 I attest to the accuracy and authenticity of this order/judgment High Court, Chandigarh