High Court of Punjab and HaryanaFAO/3763/2016disposed of

Roshni And Another v. Dilbagh Singh And ORS

2023-01-23Ms. Justice Nidhi Gupta3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH FAO 3763/2016 Date of decision:23/01/2023 Roshni Devi and another ..................Appellants Vs.

Dilbagh Singh and others .....................Respondents

CORAM

HON'BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. SK Yadav, Advocate for the appellant/claimant Mr. Vinod Gupta, Advocate for respondent no.4-Ins. Co. Nidhi Gupta, J.

This appeal has been filed by the claimants/appellantsseeking enhancement of compensation of Rs.5,38,520/- awarded by the Motor Accident Claims Tribunal, Narnaul (hereinafter referred to as 'the Tribunal'), vide Award dated 1.2.2016 passed in MACT No.59/2015 filed by the claimants u/s 166 of the Motor Vehicles Act on account of death of their son Pramender Kumar @ Parveen.

At the time of hearing, learned counsel for the parties are ad idem that the position in law as laid down by the Hon'ble Supreme Court in Sarla Verma vs. Delhi Transport Corporation (2009) AIR (SC) 3104; National

Insurance Company Limited v Pranay Sethi and others (2017) 16 SCC 680 and Magma General Insurance Company Limited vs. Nanu Ram @ Chuhru Ram, 2018 (18) SCC 130; cannot be disputed, as per which the appellants/claimants are entitled to future prospects @ 40%; and the amount of Rs.20,000/- awarded under the conventional heads is on lower side and the appellants are entitled to Rs.16500/- each under the conventional heads; and interest @ 9% per annum as awarded by the Tribunal, is admissible from the date of filing of the claim petition till date of realization. In view of the admitted position in law, the compensation awarded to the appellants is reworked as follows: Head Amount in Rupees Monthly income 40% future prospects Multiplier Less deduction 50% Total dependency 8000 + 40% x 12 x 18/ 2 = 12,09,600 Parental consortium to parents @ 88,000 Rs.44,000/- Compensation under conventional 33,000 heads towards loss of Estate and Funeral expenses to both the claimants @ Rs.16,5000/- each Reworked compensation 13,30,600 Less Awarded by the Tribunal 5,38,500 Enhanced compensation 7,92,100

Interest @ 9% from the date of filing of claim petition till actual realization The mode and manner of apportionment of enhanced compensation remains unchanged.

Present appeal accordingly, stands disposed of in the aforesaid terms.

23/01/2023 (Nidhi Gupta) Joshi Judge Whether speaking/reasoned Yes Whether reportable Yes/No