Motor accident claimants sought enhancement of tribunal compensation. Insurance Company conceded that loss of estate, funeral expenses, filial and spousal consortium amounts be increased to prescribed figures. Court modified award accordingly and disposed of appeal.
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[339] IN THE HIGH COURT OF P UNJAB AND HARYANA AT CHANDIG A RH
FAO-99 7 -2024 Date of D ecision : 05.12.2024
Birmati a n d another …Appellants
Versus
Vijay an d others
….Respondents
Coram : HON’BLE MR. JUSTICE PANKAJ JAIN
Present: Mr. Ashish Gupta, Advocate for the appellants.
PANKAJ JAIN, J. (ORAL)
[1] Notice of motion.
[2] Mr. P.H.S. Pannu, Advoc a te, accepts notice on behal f of responde n t No.3-Insurance Company.
[3] Claimants are in appeal, see k ing enhancement of compensat i on. The com p ensation awarded by the lear n ed Tribunal has been tabulate d as under:-
| Sr. No. |
Heads | Calculation |
|---|---|---|
| 1 | Income | Rs.18,000/- |
| 2 | 40% of (i) to be added as future prospects |
Rs.7200/- (18,000+7200=25,200x12=3,02,4 00/-). |
| 3 | 1/3 deduction as personal living expenses i.e. Rs.1,00,800/-. |
Rs.3,02,400/- minus 1,00,80 Rs.2,01,600/- 0/- = |
| 4 | Multiplic and (annualized by multiplier 15) |
Rs.2,01,600/- x 15 = 30,24,000/- |
| 5 | Loss of estate | Rs.15,000/- |
RAJNEESH SHARMA 2024.12.09 15:20 I attest to the accuracy and integrity of this document
| 6 | Funeral expenses | Rs.15,000/- |
|---|---|---|
| 7 | Litigation Expenses | Rs.10,000/- |
| 8 | Loss of filial consortium | Rs.40,000/- |
| 9 | Loss of Spousal consortium | Rs.40,000/- |
| Total Compensation | Rs.31,44,000/- |
[4] Counsel for respondent No.3-Insurance Company does not
dispute that under the conventional heads of loss of estate and funeral expenses, the amount needs to be paid @ Rs.18,000/- each instead of Rs.15,000/-. Similarly, claimants are entitled for Rs.48,000/- for loss of filial consortium and Rs.48,000/- for loss of spousal consortium.
[5] With the aforesaid modification, the impugned order is
modified. Appeal is disposed off .
(PANKAJ JAIN) JUDGE
05.12.2024
‘R. Sharma'
Whether speaking/ reasoned : Yes/No Whether reportable : Yes/No
RAJNEESH SHARMA 2024.12.09 15:20 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether compensation awarded by the Tribunal under conventional heads and consortium heads should be enhanced.
Birmati
another appellant (unnamed)
Vijay
other respondents
Respondent No.3-Insurance Company
Pankaj Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
