Paramjeet Kaur And Others v. Fumman Singh And Others

FAO-2288-2018 (O&M) - 1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 118 FAO-2288-2018 (O&M) Date of decision: 09.02.2026 Paramjeet Kaur and others ...Appellant(s) Vs.

Fumman Singh and others

...Respondent(s)

CORAM:

HON'BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Dheeraj Narula, Advocate for the appellant. Mr. Vinod Gupta, Advocate for respondent No.4-Insurance Co.

*** NIDHI GUPTA, J.

The present appeal has been -led by the claimants seeking enhancement of compensa2on of Rs.10,74,355/- awarded by the learned Motor Accident Claims Tribunal, Sirsa (hereina:er referred to as "the learned Tribunal") vide Award dated31.10.2017 passed in MACP Case No. 11 dated 13.01.2016 -led under Sec2on 166 of the Motor Vehicles Act, (hereina:er referred to as "the Act"). The 4 claimants are the 45-year-old widow, 27-year-old daughter; 25-year-old son; and 23-year-old daughter of the deceased Sumer Chand @ Sumer Singh, who was 50 years old at the 2me of accident.

2.

Brief facts of the case are that the learned Tribunal on the basis of pleadings and evidence adduced before it concluded that the deceasedSumer Chand had died due to the injuries suAered by him in a motor

FAO-2288-2018 (O&M) - 2vehicular accident that took place on 15.08.2015 due to the rash and negligent driving of a Maru2 Zen bearing registra2on No. DL-6CH-2134 (hereina:er "the oAending vehicle") being driven by respondent No.1; owned by respondent No.2 and 3; and insured by respondent No.4. The above said compensa2on was awarded along with interest @ 9% per annum. All the respondents were held jointly and severally liable to pay the amount of compensa2on.

3.

Learned counsel for the appellants seeks enhancement of compensa2on by submiGng that of the compensa2on amount of Rs.10,74,355/-, an amount of Rs.44,855/- is by way of medical bills. Therefore in actual fact, a meager compensa2on has been awarded to the appellants. It is further submiHed that the appellants have proved on record that the deceased was only about 44 years old and was agriculturist and was earning Rs.15,000/- per month. Yet, learned Tribunal had assessed the income of the deceased as Rs.8,505/- per month as that of a casual labourer. Even nothing has been granted by way of future prospects; whereas future prospects ought to have been added @ 25%. Even under the conven2onal heads, amounts have not been awarded as per law, as nothing has been granted to the claimants No. 2, 3 and 4 by way of consor2um. 4.

It is accordingly prayed that the present Appeal be allowed; and the compensa2on be enhanced in above terms.

5.

Per contra, learned counsel for respondent No.4-Insurance Company opposes submissions made on behalf of the appellants and submits that the impugned Award suAers from no in-rmity as the

FAO-2288-2018 (O&M) - 3compensa2on awarded to the appellants is just and fair. Hence, the present appeal deserves to be dismissed.

6.

No other argument is raised on behalf of the par2es. I have heard learned counsel and perused the case -le in great detail. I -nd some merit in the submissions advanced on behalf of learned counsel for the appellants.

7.

It has been contended on behalf of the appellants that income of the deceased has been taken on the lower side as only Rs.8,505/- per month. However, I -nd no error in the same as appellants were unable to prove that the deceased was doing agricultural work and earning Rs.15,000/- per month. In this situa2on, in the absence of evidence, learned Tribunal had assessed income of the deceased as a casual labourer as per DC rates in the year 2015 as Rs.8,505/- per month. I -nd no error in the same. Further, learned Tribunal had made deduc2on of 1/4th towards personal expenses keeping in view the fact that all 3 children of the deceased although major, were unmarried and were not independently employed and, therefore, they were -nancially dependent on the deceased father. I -nd no error in the same. Learned Tribunal has given a categoric -nding that the deceased was -nancially suppor2ng the 4 dependents being wife, 2 unmarried daughters, and 1 unmarried son, therefore deduc2on of 1/4th towards personal expenses has been correctly made.

8.

As regards the age of the deceased, it is contended that the deceased was 44 years old at the 2me of accident. However, as per the Driving License of the deceased (Ex.R8), his date of birth is 08.05.1965. As

FAO-2288-2018 (O&M) - 4such, deceased was more than 50 years old at the 2me of accident. Learned Tribunal has taken due note of the fact that claimants have not produced any documentary evidence with regard to exact age of the deceased. As such, age of the deceased was correctly determined to be more than 50 years at the 2me of death; and mul2plier of 13 was correctly applied. However, learned Tribunal has failed to grant anything towards future prospects. Whereas an addi2on of 10% was liable to be made towards future prospects. Under the conven2onal heads, learned Tribunal has awarded consolidated amount of Rs.25,000/- for mental pain and suAerings, loss of consor2um and love and aAec2on. Learned Tribunal has also awarded Rs.10,000/- towards funeral expenses and transporta2on etc. However, even the said amounts are liable to be enhanced as per structured formula laid down by the Hon'ble Supreme Court. Accordingly, compensa2on payable to the claimants is reassessed in the following manner:- Sr.No. Details Before the Tribunal Revised compensa:on 1.

Income Rs.8,505/-per month Rs.8,505/- per month 2.

10% future prospects Nil Rs.9,355/- (Rs.8,505+Rs.850) 3.

1/4th deduc2on Rs.76,500 (Rs.6,375 x 12) Rs.6,967 (Rs.9,355Rs.2,388) 4.

Mul2plier of 13 Rs.9,94,500/- (Rs.76,500 x 13) Rs.10,86,852/- (Rs.6,967 x 12 x 13) 5.

Mental pain and suAering, loss of consor2um, and love and aAec2on Rs.25,000/- Rs. 1,60,000/- Rs.40,000/- each to claimants No. 1 to 4) 6.

Funeral expenses and transporta2on etc.

Rs.10,000/- Rs.18,000/-

FAO-2288-2018 (O&M) - 57. Loss of estate Nil Rs.18,000/- 8.

Medical Bills Rs.44,855/- Rs.44,855/- 9.

Total Rs.10,74,355/- Rs.13,27,707/- 10.

Enhanced compensa2on Rs.13,27,707-Rs.10,74,355 = Rs.2,53,352/- 11.

Interest 9% per annum 9% per annum 9.

Keeping in view the above noted and factual legal posi2on; the present Appeal is partly allowed in the above terms. 10.

Pending applica2on(s) if any also stand(s) disposed of. 09.02.2026 (NIDHI GUPTA) Divyanshi JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No