Claimants sought enhancement of motor accident death compensation for a 52-year-old deceased. The court corrected the Tribunal's clerical error, applied 10% future prospects, multiplier 11, and consortium amounts to each dependant, modified the award accordingly and disposed of the appeal.
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[233] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
FAO-357 9 -2016 (O&M) Date of D ecision : 23.04.2026
Basanti D evi and others …Appellants Versus Amit Ba n sal and another ….Respondents
Coram : Hon’ble Mr. Justice Pankaj Jain
Present: Mr. Puneet Munjal, Advocat e and Mr. Manoj Kumar Pundir, Advocate for the appellants.
Mr. Sandeep Kumar Advoca t e for Mr. G.C. Shahpuri, Advo c ate for respondent No.1.
Pankaj Jain, J. (Oral)
[1] Mr. Abhinav Singla, Advoc a te, puts in appearance on behal f of responde n t No.2-Insurance Company an d has filed his power of attorne y in Court today. The same is taken on recor d .
[2] Claimants are in appeal see k ing enhancement of compensa t ion awarded b y the Tribunal on account of d eath of Ram Singh, who died i n a motor ve h icular accident dated 25.12.201 3 at the age of 52 years.
[3] Counsel for the appellants p oints out that apart from a cler i cal error co m mitted by the Tribunal whi l e subtracting ₹ 2,64,000/- f r ₹ 7,92,0 0 0/-, the compensation awarded needs to be re-worked in vie w of ratio of law laid down by Supreme Court in the cases of ‘ National Insurance Company Limited versus Pranay Sethi and Others’, 201 7 (4) RCR (Ci v il) 1009 (SC) and ‘ Magma General Insurance Co. Ltd. ve r sus Nanu Ram alias Chuhru Ram’, (2018) 1 8 SCC 130.
RAJNEESH SHARMA 2026.05.08 18:37 I agree to specified portions of this document
FAO-3579-2016 (O&M) -2-
worked as under:-
| Sr. No. | Particulars | Details |
|---|---|---|
| 01 | Name of deceased | Ram Singh |
| 02 | Age of deceased | 52 years |
| 03 | Monthly income as awarded by the Tribunal |
_₹_6000/- |
| 04 | Future prospects (admissible at the age of 52 years) |
10% |
| 05 | Multiplier | ‘11’ |
| 06 | Number of dependants | 03 (Thus, deduction to be applied 1/3rd. Each of the claimant is entitled for an amount of _₹_48,400/- on account of loss of consortium.) |
| 07 | Funeral expenses | _₹_18,000/- |
| 08 | Loss ofestate | _₹_10,000/- |
(Pankaj Jain) Judge
23.04.2026
Whether speaking/ reasoned : Yes/No Whether reportable : Yes/No
RAJNEESH SHARMA 2026.05.08 18:37 I agree to specified portions of this document
1 issue framed by the court
Whether the Tribunal's compensation award for the death of Ram Singh in a motor accident required enhancement, including correction of a clerical error and re-working per settled Supreme Court princip
Colour shows how this judgement treated each authority
National Insurance Company Limited versus Pranay Sethi and OthersRelied on¶3
2017 (4) RCR (Civil) 1009 (SC)
Magma General Insurance Co. Ltd. versus Nanu Ram alias Chuhru RamRelied on¶3
(2018) 18 SCC 130 · Who else cites this
Basanti Devi and others
Amit Bansal
Insurance Company (respondent No.2)
Pankaj Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
