IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (i) FAO-2866-2016 (O&M) National Insurance Company Limited ...Appellant VERSUS Bablu and others ...Respondents (ii) XOBJC-49-CII-2017 National Insurance Company Limited ...Appellant VERSUS Bablu and others ...Respondents Date of Decision: September 08, 2025 CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI Present: Ms.Madhu Sharma, Advocate for the appellant.

Mr.Ashish Gupta, Advocate for respondents No.1 to 4/cross-objectors.

Mr.Baljeet Beniwal, Advocate for respondents No.5 and 6.

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ARCHANA PURI, J.

Appellant-National Insurance Company Limited has filed the present appeal, thereby, assailing the Award dated 17.11.2015, qua the extent of compensation awarded to Bablu, who had sustained in a motor vehicular accident and had died during the pendency of the claim petition.

In pursuance of the notice issued, the respondents-claimants made appearance and filed cross-objections bearing No.XOBJC-49-CII-

2017, thereby, seeking enhancement of the compensation.

The accident had taken place on 25.1.2014. On appraisal of the evidence, brought on record, learned Tribunal had concluded about the accident to have been caused due to rash and negligent driving of truck bearing registration No.HR-38Q-9510, driven by respondent No.5-Nahar Singh. Even though, it was claimed by Bablu that he was working as electrician and earning Rs.15,000/- per month, but however, considering no satisfactory evidence, coming on record, with regard to the extent of earnings, learned Tribunal had taken the earnings of Bablu as Rs.6,000/- per month and had awarded compensation to the extent of Rs.10,21,230/, which is reproduced in tabular form, as herein given:-

Sr.No. Nature Amount in rupees

1. Bills 2,14,230/-

2. Stay in hospital 11,000/-

3. Towards permanent disability 1,60,000/- 4. Towards of loss of enjoyment of life 5,00,000/-

5. Loss of income 36,000/-

6. Pain & Sufferings and special diet 1,00,000/-

Total 10,21,230/-

Being aggrieved by the extent of compensation awarded, more particularly, ‘towards loss of enjoyment of life’ as well as ‘pain and suffering’, when Bablu had died, during the pendency of the claim petition, the insurance company has filed the present appeal.

Counsel for the parties heard.

At the very outset, it is submitted by learned counsel for the insurance company that the cause of action, being personal to the injured, abates on his death, which was not caused due to the accident. The legal heirs are entitled only to such compensation, which forms the part of estate of the deceased. Loss of salary, pain and suffering as well as towards loss of enjoyment of life, do not form part of estate of the deceased. As such, learned counsel for the appellant made a prayer for reduction of the compensation, as awarded by learned Tribunal.

On the other hand, learned counsel for the respondents/legal heirs (cross-objectors) of deceased Bablu has assiduously submitted that no reduction, as such, can be made as Bablu had died during the pendency of the claim petition. The amount of loss of income was suffered by the family as well, as they all were dependent upon deceased Bablu. The claims, as such, towards loss of income, medical expenses etc., will survive as part of loss of estate. Furthermore, he submits that the extent of disability, assessed by learned Tribunal is also on lower side, which calls for intervention. Rather, he makes a prayer for re-computation of the compensation, as it is submitted that it is on a lower side. In this regard, reference is made to The Oriental Insurance Company Limited vs. Kahlon @ Jasmail Singh Kahlon (deceased) through his Legal Representative Narinder Kahlon Gosakan and another, 2022(13) SCC 494 Considering the submissions aforesaid, it is pertinent to mention that the above cited case, is somewhat similar in factual and circumstantial narrative and the Hon’ble Supreme Court, therein, considered the issue of grant of compensation to the legal heirs/dependents of the deceased claimants, wh