207 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-613-2002 Date of Decision: 31.10.2025 MANJU AND ORS ....Appellants Versus SURESH KUMAR AND ORS ...Respondents CORAM: HON'BLE MR. JUSTICE PARMOD GOYAL Present: Mr. Anil Shukla, Advocate for the appellants.

Mr. Sandeep Suri, Advocate for respondent No.3.

Parmod Goyal, J. (Oral)

Claimants/appellants have preferred the present appeal being aggrieved by compensation of Rs.8,65,000/- only vide impugned award dated 03.11.2001, passed by learned Motor Accident Claims Tribunal, Faridabad (hereinafter referred as ‘Tribunal’).

2. Claimants/appellants were awarded the following compensation by the Tribunal:-

Income Rs.60,000/- per month Rs.60,000/- per month Deduction 1/3rd (60,000-20,000) Rs.40,000/-

Multiplier 13 13 Loss of dependency 40,000 x 13 Rs.5,20,000/- Total amount of Rs.8,65,000/-

3. Claimants/appellants are mainly aggrieved by wrong application of deduction towards personal expenses, non-grant of future prospects, wrong application of multiplier and non-grant of consortium to all the claimants/appellants. Claimants/appellants are also aggrieved by non-

grant of compensation under the heads funeral expenses and loss of estate.

4. Learned Tribunal has assessed the annual income of deceased to be Rs.60,000/- on the basis of income tax return Ex.P-3 as duly noticed in impugned order. There is no dispute about income taken by learned Tribunal raised either by claimants/appellants or by respondents. Admittedly, as per claim petition deceased was aged 42 years and was survived by his wife, two minor children and parents i.e. claimants No.1 to 5.

5. In the present case, learned Tribunal has applied multiplier of 13 after making deduction of 1/3rd towards personal expenses. I find merit in the contentions raised on behalf of appellants/claimants that learned Tribunal ought to have granted multiplier of 14 as deceased was in the age group of 41-45 as per judgment of Hon’ble Supreme Court in Sarla Verma Vs. Delhi Transport Corporation 2009 Vol.III RCR (Civil) 77. It is also not in dispute that deceased is survived by five dependents and, therefore, the learned Tribunal ought to have taken 1/4th as deduction towards personal expenses. I also find that learned Tribunal has failed to take into consideration future prospects while calculating loss of dependency. Claimants/appellants are therefore, entitled to future prospects to the extent of 25% in terms of judgment of Hon’ble Supreme Court in National Insurance Company Ltd. Vs. Pranay Sethi & Ors., 2017 (16) SCC 680. Claimants/appellants are entitled to multiplier of 14. Deduction has to be made to the extent of 1/4th keeping in view number of dependents and 25% towards future prospects has to be added to the monthly income of deceased. Claimants/appellants shall also be entitled to compensation of Rs.7,500/- towards funeral expenses, Rs.7,500/- towards loss of estate and Rs.15,000/- to each of the claimants/appellants towards spousal, parental and filial consortium. Claimants/appellants shall also be entitled to interest @7.5% on the enhanced compensation from the date of filing of claim petition till realization.

6. Accordingly, claimants/appellants shall be entitled to following compensation :-

Enhanced amount of Rs.12,22,500/- Rs.3,57,500/-

compensation (awarded in appeal) –

Rs.8,65,000/-

(awarded by Tribunal

7. No change in medical and transport expenditure as awarded by learned Tribunal is warranted. The total enhanced amount of Rs.3,57,500/- shall be paid along with interest @7.5% within 8 weeks from today. The appeal is allowed in above terms.

(PARMOD GOYAL)

31.10.2025 JUDGE

chiranjeev

Whether Speaking/Reasoned : Yes/No

Whether Reportable : Yes/No