High Court of Punjab and HaryanaFAO/1479/2019disposed of

Isral Ahemad And Another v. Gurpreet Singh And Another

2025-09-17Mr. Justice Pankaj Jain2 pages

FAO-1479-2019 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CM-4580-CII-2019 in/and FAO-1479-2019 (O&M) Date of decision : 17.09.2025 Isral Ahemad & anr.

...... Appellants

Versus

Gurpreet Singh & anr.

..... Respondents CORAM : HON'BLE MR.JUSTICE PANKAJ JAIN *** Present :- Mr. Munfaid Khan, Advocate for the appellants.

Mr. Ashwani Talwar, Advocate and Mr. Gandharv Malhotra, Advocate for respondent No.2.

*** PANKAJ JAIN, J. (ORAL) CM-4580-CII-2019 This is an application seeking condonation of delay of 24 days in filing the present appeal.

For the reasons recorded in the application, this Court is satisfied that the applicants-appellants have shown sufficient cause to condone the delay in filing the appeal.

Application is allowed. Delay of 24 days in filing the appeal is condoned.

FAO-1479-2019 The claimants are in appeal seeking enhancement of compensation.

POOJA SHARMA 2025.09.30 09:31 I attest to the accuracy and integrity of this document

FAO-1479-2019 (O&M) The claimants are unfortunate parents who lost their son, Faijhan Ahmed, at a tender age of 13 years in a motor vehicular accident dated 24.10.2017. Faijhan was a class 8 student. Tribunal assessed his income notionally @Rs.24,000/- per annum. No future prospects have been awarded. Multiplier of 14 has been applied.

Keeping in view ratio of law laid down by Supreme Court in the case of National Insurance Company Ltd. vs. Pranay Sethi and others, 2017(4) RCR (Civil)1009, Magma General Insurance Company Ltd., Vs. Nanu Ram @ Chuhru Ram & ors., 2018(4) RCR (Civil) 333 the compensation is being re-assessed as under :- Notional income = Rs.30,000/- Future prospects 40% = 30,000/- + 12,000/- = 42,000/- Multiplier-15 = 42,000/- x 15 = 6,30,000/- Loss of estate = 15,000/- = 6,30,000/- + 15,000 = Rs.6,45,000/- Filial consortium = 40,000/- each = 6,45,000 + 80,000 = 7,25,000/- Funeral expenses = Rs.15,000/- The claimants are held entitled to interest @ 7.5% per annum from the date of filing of the claim petition till the date of actual realization. Needless to say, anything paid shall be set off and adjusted. Appeal stands disposed off.

( PANKAJ JAIN ) 17.09.2025 JUDGE Pooja Sharma-I Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No POOJA SHARMA 2025.09.30 09:31 I attest to the accuracy and integrity of this document