High Court of Punjab and HaryanaFAO/1271/2016disposed of

Sewapati And ORS v. Nazim And ORS

2025-09-17Mr. Justice Pankaj Jain2 pages

(O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH FAO-1271-2016 (O&M) Date of decision : 17.09.2025 Sewapati & ors.

...... Appellants

Versus

Nazim & ors.

..... Respondents CORAM : HON'BLE MR.JUSTICE PANKAJ JAIN *** Present :- Ms. Neha Rana, Advocate for Mr. R.N.Lohan, Advocate for the appellant.

Mr. Lalit Garg, Advocate for respondent No.3-Ins. Co.

*** PANKAJ JAIN, J. (ORAL) Claimants seek enhancement of compensation. Reliance is being placed upon 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, Sarla Verma and others v. Delhi Transport Corporation and another, 2009 ACJ 1298 and Magma General Insurance Company Ltd., Vs. Nanu Ram @ Chuhru Ram & ors., Civil Appeal No.9581 of 2018 arising out of SLP (Civil) No.3192 of 2018 decided on 18.09.2018. The present claim petition was filed under Section 166 of Motor Vehicles Act, 1988 seeking compensation on account of death of Mangal, who died in a motor vehicular accident dated 12.06.2013 at the age of 28 years. The income of the deceased has been rightly assessed by the POOJA SHARMA 2025.09.30 09:31 I attest to the accuracy and integrity of this document

(O&M) Tribunal as Rs.7,000/- per month in the absence of any cogent evidence to prove that he was earning Rs.20,000/- per month as claimed. 1/4th deduction has been rightly applied. Nothing has been awarded on account of future prospects. 40% of future prospects need to be added. Multiplier of 17 has been rightly applied. Only Bindia-appellant No.2 has been awarded a sum of Rs.1.00 lakh for loss of consortium. The said amount is ordered to be deducted. Each of the claimants is held entitled for a sum of Rs.48,000/- for loss of consortium. Rs.18,000/- is awarded for loss of estate. Rs.18,000/- is awarded on account of funeral expenses.

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 already paid shall be set off and adjusted. With the aforesaid modification in the impugned award, the appeal is 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