New India Assurance Company Limited v. Singh (now deceased) through his LRs Ajit Singh & Ors.

HON’BLE MR. JUSTICE PA PANKAJ JAIN Present: Mr. Vinod Gupta, Advocate fo in FAO-5332-2017 & FAO-53 for the respondents in FAO-68 cate for the Insurance Company 5334-2017 and 689-2018 & FAO-690-2018. Mr. Puneet Kumar Bansal, Ad in FAO-689-2018 & FAO-690 for the respondents in FAO-53 Advocate for the claimants 690-2018 and 5332-2017 & FAO-5334-2017. RAJNEESH SHARMA 2026.02.16 18:17 I attest to the accuracy and integrity of this document **** 2 FAO-5332-2017 (O 2017 (O&M) PANKAJ J KAJ JAIN, J. (ORAL) [1] By way of instant order, I inten tioned I intend to dispose off afore-captioned four appeal appeals. They relate to the same moto motor vehicular accident. [2] FAO-5332-2017 & FAO-5334 of the 5334-2017 are at the behest of the Insurance C ance Company. FAO-689-2018 and and FAO-690-2018 are at the behes behest of the claim e claimants, seeking enhancement of c nt of compensation. [3] In all the four appeals, the is ants is the issue raised by the appellants is regarding q ding quantum of the compensation aw ion awarded by the Tribunal. [4] Two different claim petitions

2.2016 itions i.e. MACT No.14 of 05.02.2016 titled as ‘ ‘Ajit Singh (now deceased) thro a and ) through his LRs versus Rana and others and and MACT No.29 of 02.05.2015 ti 015 titled as ‘Jasbir Kaur @ Minn Minni and others others versus Rana and others’ wer of the were filed under Section 166 of the Motor Veh r Vehicles Act, 1988, seeking compe eath of compensation on account of death of Ajit Singh Singh and Gurmail Singh in a m a motor vehicular accident dated

18.01.2015 .2015 caused due to rash and negligen egligent driving of Robin (Responden ondent No.3), who ), who was driving car bearing regist FAO- registration No.PB05-X-5911. FAO 5332-2017 2017 and FAO-690-2018 relate to dea to death of Ajit Singh. [5] As per the claimants, Ajit S y after Ajit Singh retired from Army after serving for ng for more than 24 years. He wa ion of e was earning monthly pension of ₹18,000/- - and was running dairy farm. H for 66 rm. He remained hospitalized for 66 days. [6] The Tribunal assessed compe eath of compensation on account of death of Ajit Singh ingh taking his monthly income as d 30% e as ₹9,000/- and further added 30% on accoun ccount of future prospects and hel for a d held the claimants entitled for a compensati ensation of ₹16,41,000/- along with in with interest @ 7.5% per annum from RAJNEESH SHARMA 2026.02.16 18:17 I attest to the accuracy and integrity of this document FAO-5332-2017 (O 2017 (O&M) 3 the date of ate of filing of the claim petition, till t , till the date of actual realization. [7] Having heard counsel for t refully for the parties and after carefully perusing th sing the records of the case, this Court sed by Court finds that the Award passed by the Tribuna ribunal needs to be modified in terms by the terms of ratio of law laid down by the Supreme C eme Court in the cases of ‘National imited tional Insurance Company Limited versus Pra Pranay Sethi and Others’, 2017( 2017(16) SCC 680, ‘Magma Genera eneral Insurance rance Co. Ltd. versus Nanu Ram a 18) 18 am alias Chuhru Ram’, (2018) 18 SCC 130 130 and ‘Sarla Verma and ot nsport nd others versus Delhi Transport Corporatio oration and another’, 2009(3) RCR RCR (Civil) 77. [8] From the discharge summary mmary (Exhibits P-5 to P-9), it evident tha nt that the deceased-Ajit Singh remai remained under continuous treatmen atment for almost lmost 09 months. He remained hosp d hospitalized for 66 days. He was was a retired Arm d Army personnel, who died at the ag the age of 45 years owing to the motor vehicular a ular accident. Claimants assert that t that he was working as a Mason addition to ion to running a dairy farm. [9] In the absence of any evidence nal has idence to prove the same, Tribunal has taken the m the monthly income of the deceased eds no ceased as ₹9000/-. The same needs no modificatio fication. Keeping in view the age future e age of the deceased, 25% future prospects n ects need to be added. 1/4th deduction lier of duction is to be applied. Multiplier of ‘14’ has be has been rightly applied by the Tribu so held Tribunal. The claimants are also held entitled for led for ₹18,000/- for funeral expenses enses and ₹18,000/- for loss of estate estate. Each of the of the four claimants are also held ent eld entitled for an amount of ₹48,400/ 8,400/- for loss of ss of consortium. The claimants are ts are also held entitled for an amoun of ₹81,000 1,000/- for loss of income for 09 m 09 months. The deceased remained bedridden. idden. ₹ 15,000/- is awarded for spec or special diet. ₹ 15,000/- is awarded RAJNEESH SHARMA 2026.02.16 18:17 I attest to the accuracy and integrity of this document 4 FAO-5332-2017 (O 2017 (O&M) for attend attendant charges. ₹ 20,000/- is awarded for transportation rtation. ₹1,00,000/ ,000/- is awarded for pain and suffer for the suffering faced by Ajit Singh for the time period period he remained on bed. [10] The rate of interest as well as t ide by ell as the apportionment shall abide by the award p ward passed by the Tribunal. [11] [12] Needless to say, anything alrea g already paid shall be adjusted. FAO No.5334-2017 and FA ath of d FAO-690-2018 relate to death of Gurmail Si ail Singh. Keeping in view the age ime of he age of the deceased at the time of death, i.e. 5 i.e. 50 years, future prospects are re as per are reduced from 30% to 25% as per dictum in m in Pranay Sethi and Others’ case ard is case (supra). Rest of the award is ined. maintained [13] Appeals stand disposed off. [14] All pending miscellaneous ap stands ous application(s), if any, also stands disposed of ed off. [15] Photocopy of this order be p nected r be placed on the file of connected cases. .2026 02.02.2026 ‘R. Sharma' (PANKAJ JAIN) JUDGE Whether speaking/ reasoned Whether reportable : : Yes/No Yes/No RAJNEESH SHARMA 2026.02.16 18:17 I attest to the accuracy and integrity of this document