Meena And ANR v. Mangat Ram Bhandari And ORS
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Sr. No.146 Date of Decision: 12.03.2026 MEENA AND ANOTHER ....Appellants
Versus
MANGAT RAM BHANDARI AND OTHERS .....Respondents
CORAM:
HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. J.P. Sharma, Advocate for the appellants.
***** ARCHANA PURI, J. (Oral) The present appeal has been filed by the appellants/claimants for seeking enhancement of compensation, awarded by learned Motor Accident Claims Tribunal, on account of death of their son-Sanjay, who was 21 years old, in a motor vehicular accident, which had taken place on 20.05.2020.
Perusal of the impugned Award reveals that liability fastened upon the respondents is joint and several.
For the time being, notice issued only to respondent No.3Insurance Company. Mr. Vinod Gupta, Advocate, accepts notice on behalf of the Insurance Company. As such, issuance of formal notice to the Insurance Company, is dispensed with.
At this stage, counsel for the Insurance Company has made an offer for payment of Rs.1,50,000/-, over and above the awarded amount and this offer is acceptable to the counsel for the appellants. In view of the offer made, which is acceptable to the counsel for the appellants, I have gone through the impugned Award. Perusal of the same reveals that deceased-Sanjay was 21 years old, at the time of accident. Though, he was stated to be working with 'Zomato' and his earnings were asserted to be Rs.40,000/- per month, but however, on appraisal of evidence brought on record, learned Tribunal had appropriately considered the earnings of the deceased as that of an unskilled worker, prevalent at the relevant time, which was to the extent of Rs.9,300/- per month.
Addition of 40% was made, on the count of 'future prospects', which was to the extent of Rs.3,720/-. Thus, the monthly earnings were assessed as Rs.13,020/-. Considering the deceased to be a bachelor, 1/2 deduction was made, on the count of 'personal expenses' and as such, the monthly loss of dependency was worked upon as Rs.6,510/-, annual whereof is Rs.78,120/-. Multiplier of '18' was appropriately applied and after applying the same, the compensation was worked upon as Rs.14,06,160/- (78,120 x 18). Besides the aforesaid, an amount of Rs.45,000/- was also awarded, on the counts of 'loss of estate', 'funeral expenses' and 'love and affection' and as such, the total compensation was worked upon as Rs.14,51,160/- (14,06,160 + 45,000).
Considering the aforesaid 'work on' of compensation, the amount, as now offered by the Insurance Company, is just and appropriate. Considering the same, the FAO is hereby allowed and the Insurance
Company is directed to make payment of Rs.1,50,000/-, over and above the awarded amount. The said amount be disbursed to the appellants, who are parents of the deceased, equally. The enhanced amount shall be payable by the Insurance Company, in the form of cheques, within a period of 45 days. In the eventuality of any default on the part of the Insurance Company, to make the payment in the given period, it shall be liable to pay penal interest @ 8% per annum, till realization.
(ARCHANA PURI) 12.03.2026 JUDGE Himanshu Vats Whether speaking/reasoned :
Yes Whether reportable :
Yes/No