221 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-7064-2017 Date of Decision: 27.08.2025 MUKTA RANI GARG AND OTHERS ....Appellants Versus RAJINDER SINGH AND OTHERS .....Respondents CORAM: HON'BLE MR. JUSTICE PARMOD GOYAL Present: Mr. Kashish Garg, Advocate for the appellants.

Mr. Neeraj Khanna, Advocate for respondent No.3.

Parmod Goyal, J. (Oral)

Claimants dissatisfied by the award of compensation of Rs.10,75,000/- vide impugned award dated 28.04.2017, passed by Learned Motor Accident Claims Tribunal, Bathinda, has approached this Court for enhancement of compensation.

2. It is the case of claimants that deceased Mukesh Kumar died in accident dated 22.08.2014, on account of rash and negligent driving of respondent No.1 while driving vehicle bearing No.PB-03Z-1590.

3. Learned Tribunal has found respondent No.1 to be rash and negligent and therefore, had found claimants entitled to compensation. Keeping in view the evidence led by claimants Rs.7,500/- per month was taken as his income. Accordingly, Tribunal has assessed income of deceased to be Rs.90,000/- per annum with 1/3rd deduction (Rs.30,000/-) towards personal expenses and applying the multiplier of 15 while taking the age of claimant to be 39 years, accordingly, awarded compensation of Rs.9,00,000/- (Rs.60,000/- x 15 = Rs.9,00,000/-), for loss of dependency. Further an amount of Rs.1,00,000/- was awarded for loss of consortium, Rs.25,000/- towards funeral expenses, Rs.25,000/- towards love and affection and another Rs.25,000/- towards loss of estate.

4. It is specific case of appellant that learned Tribunal has failed to add 40% towards future prospects as laid down by the Apex Court in National Insurance Company Ltd. Versus Pranay Sethi & Ors., SLP (Civil No.25590 of 2014) decided on October 30, 2017.

5. On consideration, I find merit in the contentions raised on behalf of claimants-appellants, the compensation needs to be calculated in the light of directions of Hon’ble Supreme Court in Sarla Verma versus Delhi Transport Corporation 2009 Vol.III RCR (Civil) 77, and in National Insurance Company Ltd. Versus Pranay Sethi & Ors., SLP (Civil No.25590 of 2014) decided on October 30, 2017.

6. Learned Tribunal has rightly taken minimum wages payable to unskilled labour as income of deceased as no evidence is available which can prove the pleaded income and vocation. Accordingly, monthly income of deceased is taken as Rs.7,500/- per month. There are three dependents who have sought compensation, accordingly, 1/3rd amount needs to be deducted towards personal expenses. Age of deceased has been found to be 39 years by learned Tribunal. Nothing could be shown which can raise doubt over conclusion drawn by learned Tribunal. Accordingly, appellants shall be entitled to multiplier of 15.

7. Further as per Pranay Sethi’s case, funeral expenses are to be awarded to the extent of Rs.15,000/-, loss of estate has to be awarded to the extent of Rs.15,000/- and consortium has to be awarded at the rate of Rs.40,000/-. Since claimants are entitled to spousal and parental consortium, the compensation under loss of love and affection shall merge under the head consortium. Accordingly, appellants shall be entitled to the following compensation :-

8. In view of the above discussion, appeal stands disposed of. The claimants are entitled to enhanced compensation of Rs.3,35,000/- along with interest @ 7.5% per annum over and above the amount awarded by learned Tribunal. Enhanced compensation be paid as per award to the claimants in accordance with apportionment stated in the award. Amount be paid directly through bank account as per award. Pending miscellaneous application(s), if any, shall also stand disposed of.

(PARMOD GOYAL)

27.08.2025 JUDGE

chiranjeev

Whether Speaking/Reasoned : Yes/No

Whether Reportable : Yes/No