Savita Sharma And Another v. Ravinder Alias Mahinder And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CM-22169-CII-2025 in/and FAO-625-2022 (O&M) Decided on : 07.11.2025 Savita Sharma & anr.

....Appellants

Versus

Ravinder @ Mahinder & ors.

....Respondents CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN ***** Present :- Mr. Kamal Kant, Advocate for the appellants.

(Through V.C.) Mr. R.C.Kapoor, Advocate for respondent No.3-Ins. Co.

***** PANKAJ JAIN, J. (ORAL) CM-22169-CII-2025 This is an application filed by the applicants-appellants, seeking restoration of FAO-625-2022 to its original number. For the reasons, as are mentioned in the application, this Court is satisfied that counsel for the applicants-appellants made out the sufficient cause for his non-appearance on 08.10.2025.

In view of the above, the application is allowed and FAO-6252022 is restored to its original number.

Main case Claimants are in appeal seeking enhancement of compensation. The claim for compensation arises on account of death of Devender Kumar, who lost his life in a motor-vehicle accident dated 16.12.2016, at the age of 52 years. The Tribunal awarded compensation as under :- Sr.No.

Heads Calculation (in Rs.) (i) Income 9020/- per month (ii) 1/3rd of the (i) deducted as personal expenses of 9020-3006 = 6014/- per the deceased month (iii) Compensation after multiplier of 11 is applied 6014 x 12 x 11 = 7,93,848/- (iv) Loss of estate 15,000/- (v) Loss of consortium payable to the widow only i.e. 40,000/- petitioner No.1 (vi) Funeral expenses 15,000/- (vii) Medical Bills 3,66,000/- Total compensation awarded (Rs.12,29,848/-) (say Rs.12,30,000/- Counsel for the appellants has drawn attention of this Court to the medical bills Ex.P49 to Ex.P64 amounting to Rs.5,48,647/-. He submits that the same have been discarded by the Tribunal wrongly merely for the reason that the same have been issued after the death of the deceased. In the considered opinion of this Court, the medical bills tendered in evidence ought not have been discarded by the Tribunal merely for the reason that the same were issued after the death of the deceased. Rather there is no evidence to prove that the same are not relevant. The same pertains to the treatment of the deceased.

The compensation awarded under other heads also needs modification in view of 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 and Magma General Insurance Company Ltd., Vs. Nanu Ram @ Chuhru Ram & ors., 2018(4) RCR (Civil) 333. The same is accordingly modified to the following effect :- Sr.No.

Heads Calculation (in Rs.) (i) Income 9020/- per month (ii) 1/3rd of the (i) deducted as personal expenses 9020-3006 = 6014/- per of the deceased month (iii) Compensation after multiplier of 11 is applied 6014 x 12 x 11 = 7,93,848/- (iv) Loss of estate 18,000/- (v) Loss of consortium payable to the widow only 48,000/- x 2 = i.e. petitioner No.1 96,000/- (vi) Funeral expenses 18,000/- (vii) Medical Bills 3,67,000/- + 5,48,700/- Total compensation awarded Rs.18,41,548/- With the aforesaid modification in the impugned award, the appeal is disposed off.

( PANKAJ JAIN ) 07.11.2025 JUDGE Pooja Sharma-I Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No