Attar Singh And ANR v. Mann Singh And ORS

FAO No.1126 of 1995

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH FAO No.1126 of 1995 Date of Decision : 02.04.2025 Attar Singh and another .....Appellants

Versus

Mann Singh @ Mahabir Singh and others .....Respondents CORAM : HON'BLE MR. JUSTICE PANKAJ JAIN Present :

Mr. Ashok Kumar Khubber, Advocate for the appellants.

Mr. Vinod Gupta, Advocate for respondent No.3-Insurance Co.

PANKAJ JAIN, J.(Oral) The appellants/claimants question the calculation of compensation.

2.

The appeal relates to claim petition filed under Section 166 read with Section 140 of the Motor Vehicles Act, 1988 wherein the claimants are seeking compensation on account of death of Mohan Singh, who died in a motor vehicular accident on 23.07.1991.

3.

Deceased Mohan Singh was 25 years of age at the time of death. He was employed as Constable and was drawing salary of Rs.2,185/- per month. The compensation is re-calculated in terms of ratio of law laid down by Supreme Court in the case of Smt. Sarla Verma and others vs. Delhi Transport Corporation and another, (2009)6 SCC 121, National Deepak Kumar 2025.04.23 16:32 I attest to the accuracy and integrity of this document

FAO No.1126 of 1995 Insurance Company Limited vs. Pranay Sethi and others, (2017) 16 SCC 680 and Magma General Insurance Company Limited vs. Nanu Ram alias Chuhru Ram and others - Civil Appeal No.9581 of 2018, decided on 18.09.2018. The compensation assessed by Tribunal is thus modified.

4.

Monthly salary of the deceased was Rs.2,185/- per month. 50% of future prospects need to be added. Deceased was a bachelor thus 1/2 deduction has to be made. The claimants are entitled for multiplier of

18. Both of them would be entitled for parental consortium of Rs.40,000/- each. Rs.15,000/- is awarded for loss of estate and Rs.15,000/- for funeral expenses. Appellants are also held entitled for interest @ 7.5% per annum from the date of filing of the claim application till the date of actual realization.

5.

Needless to say, amount already paid to the claimants/ appellants shall be set off.

6.

With the aforesaid modification in the impugned award, the instant appeal is disposed off.

April 02, 2025 (Pankaj Jain) Dpr Judge Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No Deepak Kumar 2025.04.23 16:32 I attest to the accuracy and integrity of this document