Baljinder Kaur vs Jaswinder Singh
2022 Latest Caselaw 10822 P&H

FAO-1894-2003                                                     -1-


             IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                           CHANDIGARH

314                                    FAO-1894-2003
                                       Date of Decision: 08.09.2022

Baljinder Kaur and others                                   ---Appellants

                                 versus

Jaswinder Singh and another                                 ---Respondents


CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL


Present:- None for the appellants.

             Mr. Vipul Goel, Advocate for
             Mr. Yogesh Goel, Advocate
             for respondent No.1.

             Mr. Ravinder Arora, Advocate
             for respondent No.2-Insurance Company.
                        ****

JAGMOHAN BANSAL, J. (ORAL)

1. The appellants through instant appeal are seeking

enhancement of compensation awarded vide order dated 25.01.2003

passed by Motor Accident Claims Tribunal, Ludhiana (for short

'Tribunal') whereby Learned Tribunal has awarded a sum of

Rs.5,40,400/- along with interest @ 9% per annum from the date of

filing of the claim petition.

2. Learned counsels appearing for both the parties

conceded that question of quantum of compensation stands settled

by a five-Judge Bench of Hon'ble Supreme Court in National

Insurance Company vs. Pranay Sethi and others 2017 (16) SCC

680 and a three-Judge Bench of Hon'ble Supreme Court in Smt.

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Sarla Verma and others vs. Delhi Transport Corporation and

another 2009 (6) SCC 121. Both the counsels agreed that amount

of compensation may be recalculated in view of afore-stated

judgments.

3. There is no dispute with respect to annual income

assessed by learned Tribunal. As there is no dispute qua annual

income of deceased, the amount of compensation, in view of afore-

stated judgements of Hon'ble Supreme Court is re-determined as

below :-

Particulars Amount of compensation Annual income of the deceased 60000 Future prospects 25.00% Income after addition of future prospects 75000 Deduction on account of 1/4th personal expenses (18750) Assessed income 56250 Multiplier (14) 7,87,500 Loss of estate 16500 Loss of consortium 1,76,000 (44000X4) Funeral expenses 16500 Total 9,97,500

4. The appellants are entitled to interest @ 7.5% from the

date of filing of claim petition till the date of actual payment. It is

made clear that amount already paid would be deducted from claim

determined hereinabove.

5. The respondent is directed to make payment within a

period of eight weeks from today.

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6. The appeal is disposed of in the abovesaid terms.

(JAGMOHAN BANSAL) JUDGE 08.09.2022 anju Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

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