03.2026 .2026 Smt. Geeta Devi Devi & Ors. v. Pawan Kumar an ents & Ors.

Ms. Bhumika Khatri, Advocate and Present: Ms. Mr. R.D. Yadav, Advocate Mr. for the appellants. for t Mr. Vinod Gupta, Advocate Mr. for respondent No.6-insurance comp for r company. **** **** AMARINDER S DER SINGH GREWAL, J. (ORAL RAL)

The instant appeal has been fi The een filed by the appellants-claima claimants challenging the g the award dated 04.09.2004 passe passed by the learned Motor Accid Accident Claims Tribunal, ibunal, Rewari (hereinafter referred to rred to as the learned Tribunal) seek seeking enhancement of nt of compensation of Rs.3,60,000/ ,000/- awarded by the learned Tribu Tribunal along with intere interest @6% per annum from the d the date of institution till its realizati alization, on account of de t of death of husband of appellant No ant No.1, who died in a motor vehicu vehicular accident that to hat took place on 25.03.2002 due due to rash and negligent driving riving of respondent No.4 t No.4.

Learned counsel for the appellants Lear ellants contends that the deceased-Ka Karan Singh, husband o band of appellant No.1 was aged 25 ed 25 years at the time of accident, w dent, who was working as ng as a mason and was earning Rs ng Rs.9000/- to Rs.10,000/- per mon er month. However, the lea the learned Tribunal assessed his inco is income at Rs.2400/- per month wh nth while discarding the tes the testimonies of material witnesses, esses, who duly proved the income of me of the PANKAJ KUMAR 2026.04.02 16:38 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh FAO-5431-2004 2004 (O&M) -2-(cid:1)(cid:1)(cid:1) (cid:1) deceased. Furthe Furthermore, nothing was provided to ided towards future prospects in terms terms of the judgment p ent passed by the Hon’ble Suprem upreme Court in National Insura surance Company Ltd. V td. Vs. Pranay Sethi (2017) 6 SCC 6 C 680 and the multiplier of 18 ough 8 ought to have been applie applied as suitable to the age of the de the deceased, who was 25 years of ag of age at the time of accid accident, instead of 17. There are fiv are five dependents and thus, a deduct deduction of 1/4th ought to ught to have been made towards pe rds personal expenses and the amou amounts awarded towards owards conventional heads viz; loss ; loss of consortium/love and affecti affection, funeral expenses enses and loss of estate are also asses o assessed at lower side, thus, the amo e amount of compensation sation requires enhancement.

Per contra, learned counsel for res Per for respondent No.6-insurance compa company submits that the at the award passed by the learned T rned Tribunal does not suffer from a from any irregularity or inf or infirmity, and that the findings rec s recorded therein are well-reasoned asoned on the basis of the of the material available before the l the learned Tribunal. It is accordin cordingly contended that no that no ground is made out for interfer nterference in appeal.

I have heard learned counsel for th I ha for the parties and examined the reco record, with their able as able assistance.

In the absence of any documentary In th entary evidence, this Court affirms firms the income of the d the deceased taken by the learned arned Tribunal as Rs.2400/- per mon er month, however, future uture prospects @ 40% is to be adde e added thereon, in view of the law law laid down by the Ho he Hon’ble Supreme Court in Pranay anay Sethi’s case (supra). Keeping eeping in view the fact tha act that there are five dependents, a d ts, a deduction of 1/4th is made towa e towards personal expense xpenses and a multiplier of 18 is app is applied, as suitable to the age of ge of the deceased, who w who was 25 years of age at the ti the time of accident. Thus, the to the total dependency com y comes to Rs.5,44,320/-. In addition dition thereto, each claimant is entitl entitled to ₹48,400/- toward towards loss of love and affection/con on/consortium, totalling to ₹2,42,000/ 2,000/- as PANKAJ KUMAR 2026.04.02 16:38 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh FAO-5431-2004 2004 (O&M) -3-(cid:1)(cid:1)(cid:1) (cid:1) well as ₹18,15 150/- each is payable towards fu rds funeral expenses and loss of est of estate (escalation @10 @10% every three years as per th per the law laid down by the Hon’ Hon’ble Supreme Court t in Pranay Sethi’s case (supr supra)). Thus, the total compensat pensation payable to the ap the appellants works out to ₹8,22,620 2,620/-.

The enhanced compensation, i.e. o The , i.e. over and above the compensat pensation awarded by the l y the learned Tribunal, shall also carr so carry interest @7.5% per annum the date of filing filing of the claim petition till its rea its realization, payable by the respond espondent No.6 to the appel atios. appellants-claimants in equal ratios.

Pending application(s), if any, shall Pend , shall also stand disposed of. , 2026 March 27, 2026 Pankaj* (AMARIN ARINDER SINGH GREWAL) JUDGE Whether speaking/reaso Whether reportable g/reasoned : : Yes/No Yes/No PANKAJ KUMAR 2026.04.02 16:38 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh