FAO No. 734 of 2016(O&M)

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2023:PHHC:045536

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH

FAO No. 734 of 2016 (O&M)

Date of Decision:15.03.2023

Amanpreet Kaur and Ors.

... Appellants

Versus

Randhir Singh and Ors.

... Respondents

CORAM:- HON'BLE MR. JUSTICE SANJIV BERRY.

Present:-

Mr. Paramveer Singh, Advocate

for Mr. Samir Rathore, Advocate, for the appellants.

Mr. Ashwani Talwar, Advocate and

Mr. Vinod Khunger, Advocate

for respondent No.3-Insurance Company

.....

SANJIV BERRY, J. (ORAL)

The present appeal has been preferred by the claimants-

appellants against the award dated 24.09.2015 passed by the Motor

Accident Claim Tribunal, Mohali (hereinafter referred to as 'Tribunal').

2.

The facts relevant to the present case are that the claimants,

who are wife, sons and parents of the deceased, had filed the claim petition

stating therein that on 25.05.2014 Pardeep Singh was going from Dasuya,

District Hoshiarpur to Mukerian, District Hoshiarpur while driving TATA

ACE (loading) vehicle bearing registration No. PB-07Z-7658 at a moderate

speed alongwith his younger brother Hardeep Singh who was also sitting in

the Cabin of the driver. At about 8.20 p.m, when they reached near Paper

GYAN CHAND

2023.04.27 16:26

I attest to the accuracy and

integrity of this document

FAO No. 734 of 2016(O&M)

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2023:PHHC:045536

Mills Mukerian on Dasuya to Mukerian Road, then Pardeep Singh stopped

his vehicle on his extreme left side of the road in Katcha portion to urinate.

In the meanwhile, a Sawaraj Mazda Truck bearing registration No. HR-37C-

6163 came from behind being driven rashly, negligently at a very high speed

and hit against Pardeep Singh as a result he suffered multiple injuries.

Rajender Singh driver-respondent No.1 of the offending vehicle fled away

from the spot. Hardeep Singh brother of the deceased took him to the Civil

Hospital Mukerian but Pardeep Singh died on reaching Hospital. FIR

against respondent No.1 driver of Sawaraj Mazda Truck No. HR-37C-6163

was lodged on the statement of Hardeep Singh with police of P.S.

Mukerian. It is averred that Pardeep Singh was 43 years of age at the time

of accident, and being an Ex-serviceman and owner/driver of TATA ACE

₹

vehicle No. PB-07Z-7658, he was earning 12,000/- from pension plus

₹20,000/- per month from driving his own vehicle.

3.

The claim petition was contested by the respondents.

4.

On the basis of the pleadings and the evidence on the record,

the Tribunal awarded the compensation and held respondents No.1 and 2

(being driver and owner) and respondent No.3- Insurance Company, liable

jointly and severally for payment of compensation, however the first lability

to make the payment of the awarded amount to be that of respondent No.3-

Insurance company as follows:-

Sr.No.

Heads

Compensation Awarded

i)

Assessed monthly income

Rs. 20,000/-

ii)

30% (i) to be increased, future

Prospect

Rs. 20000 +6000 =

Rs. 26,000/-

GYAN CHAND

2023.04.27 16:26

I attest to the accuracy and

integrity of this document

FAO No. 734 of 2016(O&M)

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2023:PHHC:045536

iii)

1/4^th of (ii) above deducted as

personal expenses of deceased

Rs. 26000- Rs. 6500 =

Rs. 19500/-

iv)

Compensation after multiplier of '14'

is applied

Rs. 19500/- x 12 x 14 =

Rs. 32,76,000/-

v)

Loss of consortium to the claimants

Rs, 1,00,000/-

vi)

Loss of love and affection, care and

guidance to claimants No.2 and 3

(sons)

Rs. 50,000/ - each i.e Rs.

1,00,000/-

vii)

Loss of love and affection to

claimants No.4 and 5 (mother and

father)

Rs.50,000/ - each i.e Rs.

1,00,000/-

Viii)

Funeral expenses

Rs. 25,000/-

Total compensation awarded

Rs. 36,01,000/-

Interest

6% per annum

5.

Learned counsel for the appellants contends that the income of

the deceased and interest awarded has been taken on the lower side, by

learned Tribunal. The income of deceased instead of ₹20,000/- per month,

has to be ₹32,000/- per month at t