Roopan And Others v. Usman And Others
FAO-3206-2025 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
FAO-3206-2025 (O&M) Date of decision: 15.01.2026 Roopan and others ...Appellants
Versus
Usman and others
...Respondents
CORAM:
HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:
Mr. Azad Khan, Advocate for the appellants.
**** DEEPAK GUPTA, J. (ORAL) CM-10264-CII-2025 & CM-10263-CII-2025
FAO-3206-2025 On account of death of one Khushi Ram in a motor vehicular accident due to rash and negligent driving of vehicle No.HR-55-AH-8412, his mother and children filed a claim pe22on under Sec2on 166 of the Motor Vehicles Act. Learned Tribunal assessed the compensa2on at Rs.15,65,116/-, holding the respondents - the driver, owner and insurer of the offending vehicle to be jointly and severally liable to pay the compensa2on along with interest. However, the recovery rights were given to the insurance company against the driver and owner. 2.
The claimants have now approached this Court seeking enhancement.
3.
The only plea raised by learned counsel for the appellants is that funeral expenses have been awarded by the Tribunal on the lower side. Besides, no compensa2on has been awarded towards the medical YOGESH MEHTA 2026.01.15 16:33 I attest to the accuracy and integrity of this document
FAO-3206-2025 (O&M) expenses.
4.
Perusal of the award would reveal that deceased was 44 years of age. He was an unskilled labour and so, his no2onal income has been assessed based upon the minimum wages at the relevant 2me to be Rs.9,400/- per month. 1/4th deduc2on has been rightly made considering the number of claimants. Mul2plier of 14 has been rightly applied as per "Sarla Verma and others v. Delhi Transport Corporaon and another", (2009) 6 Supreme Court Cases 121. 25% amount was added towards the future prospects, which is in consonance with the legal posi2on explained by Hon'ble Supreme Court in "Naonal Insurance Company Limited v. Pranay Sethi and others" 2017(4) RCR (Civil) 1009. An amount of Rs.18,150/- each for funeral expenses and loss of estate has been rightly awarded, which is also in consonance with the legal posi2on explained in Pranay Sethi's case (supra). In the circumstances, the conten2on of learned counsel that compensa2on under the head of funeral expenses is on lower side is absolutely not tenable.
5.
As far as the expenses on medical treatment are concerned, it is conceded by learned counsel that no bills were produced to show that prior to the death of Khushi Ram, any expenses were incurred on his treatment.
6.
In view of the above facts and circumstances, no case is made out, so as to grant any enhancement.
7.
Dismissed.
15.01.2026 (DEEPAK GUPTA) Yogesh JUDGE Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No YOGESH MEHTA 2026.01.15 16:33 I attest to the accuracy and integrity of this document