IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ***

FAO-40-2016(O&M)

Date of decision : 24.02.2026 Som Pal Singh and others ... Appellants Versus Ran Singh and others ... Respondents CORAM: HON'BLE MR. JUSTICE VIKAS BAHL Present: Mr.Atul Yadav, Advocate for the appellants.

Mr.Bhupender Singh, Advocate for respondent no.1.

Mr.Punit Jain, Advocate for respondent no.4.

VIKAS BAHL, J.(ORAL)

CM-34-CII-2016

1. Present application has been filed under Section 5 of the Limitation Act for condonation of delay of 156 days in filing the present appeal.

2. For the reasons mentioned in the application, which is duly supported by an affidavit, present application is allowed and the delay of

156 days in filing the present appeal is hereby condoned.

Main case

1. The parents and minor brother of the deceased Sachin @ Monu, who had died in the motor vehicular accident which took place on

26.10.2009, have filed the present appeal for enhancement of compensation. 2. The Motor Accident Claims Tribunal had awarded an amount of Rs.3,05,000/- along with interest as compensation.

3. The only issue which arises for consideration in the present case before this Court is whether the appellants are entitled to additional compensation or not as the other issues are not disputed before this Court.

4. Learned counsel for the appellants has submitted that in the present case, the deceased was more than 20 years of age as has been recorded in paragraph 19 of the award of the Tribunal. It is submitted that however, the Tribunal had wrongly applied the multiplier of 14 instead of 17. It is submitted that multiplier of 17 is required to be applied in the present case and accordingly, the income is to be enhanced and the appellants are entitled to additional compensation. It is further submitted that the additional compensation be granted to the appellants along with interest at the rate of 9% per annum.

5. Learned counsel for respondent no.4-insurance company has submitted that the present claim petition was filed under Section 163-A of the Motor Vehicles Act, 1988 and as per settled law, the deduction that is to be allowed in the present case is 1/3^rd instead of 1/2. It is further submitted that the total amount payable on accounts of funeral expenses and loss of estate is Rs.4,500/- and not Rs.25,000/- as awarded by the Tribunal on account of funeral charges. It is further submitted that that the rate of interest which the present appellants have sought for the enhanced compensation is highly excessive and the highest rate of interest which can be granted to the present appellant for the enhanced compensation is 6% per annum.

6. Learned counsel for the appellants after taking into consideration the objection raised on behalf of respondent no.4, has submitted revised chart, which is reproduced hereinbelow:-

“Som Pal Singh and others Vs.

Ran Singh and others MACT As per Hon’ble High Court as per schdule Enhancement = 4,57,833 – 3,05,000 = Rs.1,52,833 + interest Delay of 156 days Sd/-

Atul Yadav Adv.

Counsel for appellants”

7. This Court has heard learned counsel for the parties and has perused the paper book and finds that the revised chart submitted on behalf the appellants is in accordance with law and takes into consideration the objections raised on behalf of respondent no.4.

8. It is not disputed that the multiplier which is to be applied in the present case is 17 and the Tribunal has wrongly applied the multiplier of 14. Moreover, the amount on accounts of funeral expenses and loss of estate which can be awarded in the present case as the claim petition is under Section 163-A is not disputed to be Rs.4500/- which has been wrongly awarded as Rs.25,000/- by the Tribunal. Even the deduction which is required to be made in the present case is 1/3^rd and said aspect is not disputed. Accordingly, the present appellants are entitled to additional compensation of Rs.1,52,833/- which is rounded of to Rs.1,52,840/-. With respect to the rate of interest, this Court is consistently aw