FAO-10583 IN THE HIGH COURT OF PUNJAB AND HARYANA AT 245 RANJIT KAUR AND OTHERS GURSARAN SINGH CORAM: HON'BLE MR. JUSTICE Present: SUVIR SEHGAL CM-27929 1. Limitation Act, 1963, for condonation of delay of 234 days in filing of the appeal. 2. However, no response has been filed. 3. 10583-2018 (O & M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO Date of decision: RANJIT KAUR AND OTHERS VS. GURSARAN SINGH AND OTHERS CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL Mr. J.S. Cooner, Advocate for the appellants. Service of respondent No.1 has been dispensed with by this Court vide order dated 14.11.2019. None for respondent No.2. Mr. Vinod Gupta, Advocate for respondent No.3. **** SUVIR SEHGAL, J. 27929-CII-2018 Instant application has been filed under Section 05 of the Limitation Act, 1963, for condonation of delay of 234 days in filing of the Notice of the application was issued to the respondents. However, no response has been filed. I have heard counsel for the parties. -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-10583-2018 (O & M) Date of decision:07.07.2025 ...APPELLANT ...RESPONDENTS SUVIR SEHGAL Service of respondent No.1 has been dispensed with by this Court vide order dated 14.11.2019. Instant application has been filed under Section 05 of the Limitation Act, 1963, for condonation of delay of 234 days in filing of the the application was issued to the respondents. I have heard counsel for the parties. APPELLANTS Instant application has been filed under Section 05 of the Limitation Act, 1963, for condonation of delay of 234 days in filing of the the application was issued to the respondents. Sheetal 2025.07.11 17:06 I attest to the accuracy and authenticity of this order/judgment High Court, Chandigarh FAO-10583 4. minor children of the deceased, seeking enhancement of compensati delay of 234 days in filing of the appeal is condoned. that the claimants/appellants shall not be entitled to interest for a period of 234 days. Main Case 5. 1988, (for brevity “MV Act”) by the legal representatives of Ranjit Singh alias Rana awarded by the Motor Accident Claims Tribunal (for short “the Tribunal”), Tarn Taran, vide award dated 10.10.2017. 6. Ranjit Singh alias Rana claimant/respondent No.1 was sitting on the pillion following him PB-46-M- manner at a very high speed came from the opposite side and collided with the motorcycle of Ranjit Singh in this accident No.132 dated 15.08.2016 under Station Sadar, Tarn Taran Singh. Claimants filed a petition under Section 166 of MV Act, c compensation, which was partly allowed and the compensation of Rs. 10583-2018 (O & M) Considering that the appeal has been filed by the widow and minor children of the deceased, seeking enhancement of compensati delay of 234 days in filing of the appeal is condoned. that the claimants/appellants shall not be entitled to interest for a period of Main Case Instant appeal has been filed under the Motor Vehicles Act, (for brevity “MV Act”) by the legal representatives of Ranjit Singh alias Rana, deceased. Appellants have sought enhancement of compensation awarded by the Motor Accident Claims Tribunal (for short “the Tribunal”), Tarn Taran, vide award dated 10.10.2017. Facts, leading to the filing of the appeal, are that on 14.08.2016, Ranjit Singh alias Rana was travelling claimant/respondent No.1 was sitting on the pillion following him on a separate motorcycle. A -1271 driven by Gursaran Singh, r manner at a very high speed came from the opposite side and collided with the motorcycle of Ranjit Singh, who fell t Singh died on the way to the hospital on account of injuries in this accident and motorcycle was damaged beyond repair. o.132 dated 15.08.2016 under Sections Station Sadar, Tarn Taran was registered on the statement of Karampal Claimants filed a petition under Section 166 of MV Act, c compensation, which was partly allowed and the compensation of Rs.8,86,000/-. Respondents have been held jointly and -2- Considering that the appeal has been filed by the widow and minor children of the deceased, seeking enhancement of compensati delay of 234 days in filing of the appeal is condoned. However, it is clarified that the claimants/appellants shall not be entitled to interest for a period of Instant appeal has been filed under the Motor Vehicles Act, (for brevity “MV Act”) by the legal representatives of Ranjit Singh Appellants have sought enhancement of compensation awarded by the Motor Accident Claims Tribunal (for short “the Tribunal”), Tarn Taran, vide award dated 10.10.2017. Facts, leading to the filing of the appeal, are that on 14.08.2016, was travelling on motorcycle and his sister claimant/respondent No.1 was sitting on the pillion. Karampal Singh was . A bus bearing registration number driven by Gursaran Singh, respondent No.1, in a negligent manner at a very high speed came from the opposite side and collided with Ranjit Singh, who fell and suffered grievous injuries died on the way to the hospital on account of injuries sustained motorcycle was damaged beyond repair. An FIR bearing s 304-A, 279, 427 of IPC at Police registered on the statement of Karampal Claimants filed a petition under Section 166 of MV Act, claiming compensation, which was partly allowed and they have been granted . Respondents have been held jointly and Considering that the appeal has been filed by the widow and minor children of the deceased, seeking enhancement of compensation, However, it is clarified that the claimants/appellants shall not be entitled to interest for a period of Instant appeal has been filed under the Motor Vehicles Act, (for brevity “MV Act”) by the legal representatives of Ranjit Singh Appellants have sought enhancement of compensation awarded by the Motor Accident Claims Tribunal (for short “the Tribunal”), Facts, leading to the filing of the appeal, are that on 14.08.2016, and his sister- was bus bearing registration number in a negligent manner at a very high speed came from the opposite side and collided with and suffered grievous injuries. sustained An FIR bearing Police registered on the statement of Karampal laiming have been granted . Respondents have been held jointly and Sheetal 2025.07.11 17:06 I attest to the accuracy and authenticity of this order/judgment High Court, Chandigarh FAO-10583 severally liable to pay the amount, along with interest @ 7.5% per annum from the date of filing of the claim petition. 7. respective submissions. 8. conclusion that the accident took place on account of rash and negligent driving of bus by respondent No.1 the vehicular accident driving license Ex.R insurance policy Ex.R3. 9. was working as a mason produce any Therefore, this assertion documentary or other supporting evidence. 10. month. Dependency of 1/4 personal expenditure survived by applied the multiplier of 14, keeping in view th the time of the accident. However, Tribunal has not considered future prospects, which have to be granted at 25%. Tribunal has awarded a sum of Rs.1,00,000/ to Rs.2,40,000/ of Rs.5,000/ 10583-2018 (O & M) ly liable to pay the amount, 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, Tribunal conclusion that the accident took place on account of rash and negligent driving of bus by respondent No.1 and Ranjit Singh @ Rana lost his life 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. Appellants-claimants have claimed that Ranjit Singh @ was working as a mason and earning Rs.15,000/ produce any evidence before the Tribunal in order Therefore, this assertion has rightly not been documentary or other supporting evidence. Tribunal has assessed income of the d Dependency of 1/4th determined personal expenditure does not require any interference as deceased was survived by his widow and four minor children applied the multiplier of 14, keeping in view th time of the accident. However, Tribunal has not considered future prospects, which have to be granted at 25%. Tribunal has awarded a sum of Rs.1,00,000/- under the head of loss of consortium which is to be enhanced to Rs.2,40,000/-, i.e., Rs.48,000/- to each of the five dependents. The amount of Rs.5,000/- awarded under the head of loss of estate is to be enhanced to -3- ly liable to pay the amount, 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, Tribunal has come to the conclusion that the accident took place on account of rash and negligent Ranjit Singh @ Rana lost his life . Tribunal found that respondent No.1 had a valid 1 and offending vehicle was fully insured under claimants have claimed that Ranjit Singh @ R and earning Rs.15,000/- p.m., but they failed to evidence before the Tribunal in order to substantiate their claim. has rightly not been accepted in absence of any documentary or other supporting evidence. Tribunal has assessed income of the deceased as Rs.6,000/- determined by the Tribunal on account of does not require any interference as deceased was minor children. Tribunal has also correctly applied the multiplier of 14, keeping in view that deceased was 42 years at time of the accident. However, Tribunal has not considered future prospects, which have to be granted at 25%. Tribunal has awarded a sum of under the head of loss of consortium which is to be enhanced ach of the five dependents. The amount awarded under the head of loss of estate is to be enhanced to ly liable to pay the amount, along with interest @ 7.5% per annum I have heard counsel for the parties and have considered their has come to the conclusion that the accident took place on account of rash and negligent Ranjit Singh @ Rana lost his life in . Tribunal found that respondent No.1 had a valid 1 and offending vehicle was fully insured under Rana but they failed to to substantiate their claim. accepted in absence of any per on account of does not require any interference as deceased was . Tribunal has also correctly as 42 years at time of the accident. However, Tribunal has not considered future prospects, which have to be granted at 25%. Tribunal has awarded a sum of under the head of loss of consortium which is to be enhanced ach of the five dependents. The amount awarded under the head of loss of estate is to be enhanced to Sheetal 2025.07.11 17:06 I attest to the accuracy and authenticity of this order/judgment High Court, Chandigarh FAO-10583 Rs.18,000/ reduced to Rs.18,000/ consortium 11. 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 an enhanced award under conventional heads, future prospects, etc. The cour modified as below: Sr. No. 1 2 3 4 5 6 7 8 9 10 11 12 12. compensation of Rs.3,35,000/ 10583-2018 (O & M) Rs.18,000/-, and the amount of Rs.25,000/ reduced to Rs.18,000/-. Compensation toward loss of estate and loss o consortium has to be granted to the claimants In the light of the guidelines laid down by the Supreme Court in Smt. Sarla Verma and others Versus Delhi Transport Corporation and , (2009) 6 SCC 121, National Insurance Co. Ltd. v. Pranay Sethi (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 under conventional heads, future prospects, etc. The court is of the view that head modified as below: - No. Heads Compensation Monthly Income Rs.6,000/ Deduction towards personal expenditure 1/4th Rs.6,000/ i.e. Future prospects Rs.1,125/ Total Monthly Income (After Deduction + Future Prospects) Rs.5,625/ (Rs.4,500/ Multiplier 14 Annual dependency Rs.9,45,000/ Loss of Consortium Rs.2,40,000/ Funeral expenses Rs.18,000/ Loss of Estate Rs.18,000/ Total compensation Rs.12,21,000/ Less: Award by MACT Rs.8,86,000/ Enhancement Rs.3,35,000/ Accordingly, the appellants are held entitled compensation of Rs.3,35,000/-, which shall be payable by the respondents -4- , and the amount of Rs.25,000/- given as funeral expenses be . Compensation toward loss of estate and loss o to be granted to the claimants in view of judicial precedents. In the light of the guidelines laid down by the Supreme Court in Smt. Sarla Verma and others Versus Delhi Transport Corporation and Insurance Co. Ltd. v. Pranay Sethi Magma General Insurance Co. Ltd. Versus Nanu , (2018) 18 SCC 130, claimants are entitled to an enhanced award under conventional heads, future prospects, t is of the view that head-wise computation deserves to be Compensation Awards Rs.6,000/- Rs.6,000/- (Rs.6,000/- x 1/4th) i.e. after deduction = Rs. 4500/- Rs.1,125/- (25% of after deduction Rs.5,625/- (Rs.4,500/- plus Rs.1,125/-) 14 Rs.9,45,000/- (Rs.5,625/- x 12 x 14) Rs.2,40,000/- (Rs.48,000/- x 5 ) Rs.18,000/- Rs.18,000/- Rs.12,21,000/- Rs.8,86,000/- Rs.3,35,000/- Accordingly, the appellants are held entitled to an additional , which shall be payable by the respondents given as funeral expenses be . Compensation toward loss of estate and loss of in view of judicial precedents. In the light of the guidelines laid down by the Supreme Court in Smt. Sarla Verma and others Versus Delhi Transport Corporation and Insurance Co. Ltd. v. Pranay Sethi, Magma General Insurance Co. Ltd. Versus Nanu , claimants are entitled to an enhanced award under conventional heads, future prospects, wise computation deserves to be (25% of after deduction) x 12 x 14) 5 ) to an additional , which shall be payable by the respondents Sheetal 2025.07.11 17:06 I attest to the accuracy and authenticity of this order/judgment High Court, Chandigarh FAO-10583 with interest at the rate of 7.5% per annum from the date of the filing of the claim petition. enhanced 13. 14. any, is/are disposed of. 07.07.2025 sheetal 10583-2018 (O & M) with interest at the rate of 7.5% per annum from the date of the filing of the etition. However, appellants shall not be entitled to interest enhanced compensation for a period of 234 days. 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 -5- with interest at the rate of 7.5% per annum from the date of the filing of the appellants shall not be entitled to interest compensation for a period of 234 days. As the main appeal has been decided, pending application(s), if (SUVIR SEHGAL) JUDGE Yes/No Yes/No with interest at the rate of 7.5% per annum from the date of the filing of the appellants shall not be entitled to interest on As the main appeal has been decided, pending application(s), if Sheetal 2025.07.11 17:06 I attest to the accuracy and authenticity of this order/judgment High Court, Chandigarh