IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: July 07, 2025 Smt.Rajni and others ...Appellants VERSUS Sukhbir and others ...Respondents CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI Present: Mr.Radhey Shyam Sharma, Advocate, for the appellants.

Mr.Maneet Kaushik, Advocate for respondent No.2.

Mr.Pankaj Mehta, Advocate for respondent No.3.

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ARCHANA PURI, J.

The appellants-claimants have filed the present appeal for seeking enhancement of the compensation, awarded by learned Motor Accident Claims Tribunal, on account of death of Dinesh Kumar Sharma, in a motor vehicular accident.

Suffice to consider that the accident had taken place on

02.11.2014. On appraisal of the evidence, brought on record, learned Tribunal had concluded about the accident in question, to have taken place, on account of rash and negligent driving of Trala bearing registration No.HR-38T-7391, driven by respondent No.1-Sukhbir Singh and awarded compensation to the extent of Rs.15,02,000/- to the claimants and respondent No.3-insurance company was held liable to pay the compensation.

Be it noted that respondent No.3, upon whom, the liability was fastened, had not filed any appeal. In fact, the present appeal has been filed by the appellants-claimants for seeking enhancement of the compensation.

It is the pleaded case of the appellants-claimants that deceased Dinesh Kumar Sharma was 26 years old and was working as Manager in Pahalwan Goods Carrier/Transport, Byepass Road, Faridabad and was earning Rs.20,000/- per month and all the claimants were dependent upon the deceased.

However, learned Tribunal had concluded about deceased Dinesh Kumar Sharma to be 26½ years old and took the earnings of the deceased, considering him as labourer, as Rs.6000/- per month. Addition of 50% was made, on the account of future prospects and thus, the earnings were taken as Rs.9000/- per month. Considering the number of dependents, deduction of 1/4th, on the count of ‘personal expenses’ was made and multiplier of ‘17’ was applied. Thus, the loss of dependency was worked upon as Rs.6750x12x17=Rs.13,77,000/-. Besides the same, on account of ‘loss of consortium, love and affection etc.’, another amount of Rs.1 lakh was awarded and on the counts of ‘funeral expenses & last rites and transportation charges’, an amount of Rs.25,000/- was awarded. Thus, in total, the compensation awarded was Rs.15,02,000/-.

Learned counsel for the parties heard.

It is submitted by learned counsel for the appellants-claimants that deceased was, in fact, working as Manager with Pahalwan Goods Carrier/Transport, Faridabad and was earning Rs.20,000/- per month. Even the wife of deceased has appeared as PW-1 and has deposed about the job of the deceased and furthermore, had also examined PW-3 Vijay Kumar, Manager, Pahalwan Goods Carrier/Transport, who also deposed about employment of Dinesh Kumar Sharma and letter of appointment was also proved. But however, the aforesaid evidence was erroneously discarded by learned Tribunal. Also, it is submitted that in the light of the aforesaid evidence, learned Tribunal had erroneously considered the earnings of the deceased, as that of a labourer and thus, consequential ‘work on’ of the compensation is on lower side. Under the conventional heads also, enhancement is called for.

On the other hand, learned counsel for the insurance company has submitted that in the light of no satisfactory evidence, coming on record, with regard to the vocation followed by the deceased, the extent of earnings have been appropriately, as prevalent at the relevant time qua minimum wages, considered as Rs.6,000/- per month and thus, the appeal sans merit and the same be dismissed.

Certainly, the ‘work on’ of the compensation aforesaid, calls for re-computation, as per prevalent law.

From the matric examination certificate proved on record as Ex.P10, it is evident that the date of birth of Dinesh Kumar was 08.02.1988. Thus, on the date of accident, the deceased was 26½ years old. S