AI Insights
The case involves two appeals, FAO No.6391 and FAO No.6411 of 2011, which challenge the award dated 20.07.2011 by the Motor Accident Claims Tribunal, Karnal. The appeals were filed by the claimants, Kanchan Sharma and others, seeking enhancement of the compensation awarded for the death of Sham Lal @ Sham Sunder Sharma in a vehicular accident due to alleged rash and negligent driving. The Insurance Company, in its appeal, contested the findings of negligence and sought reduction in the compensation. The High Court's judgment addressed issues of contributory negligence, assessment of income, age of the deceased, and compensation under conventional heads.
Appeal Details
Counselvise Citation
[2026] 140 COUNSELVISE.COM (IT) 840667 (HC-CHANDIGARH)
Assessee PAN
Bench
Appeal Number
CRN Number
Appellant
Respondent
Appeal Type
Others
Pronouncement Date
18-02-2026
Assessment Year
misc
Judgement Text
"FAO Nos.6391 & 6411 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA 1. 1. 1. 1. KANCHAN SHARMA AND ORS. KANCHAN SHARMA AND ORS. KANCHAN SHARMA AND ORS. KANCHAN SHARMA AND ORS. Vs Vs Vs Vs DHARAM CHAND @ DHARMA AND ORS. DHARAM CHAND @ DHARMA AND ORS. DHARAM CHAND @ DHARMA AND ORS. DHARAM CHAND @ DHARMA AND ORS. 2. 2. 2. 2. ORIENTAL INSURAN ORIENTAL INSURAN ORIENTAL INSURAN ORIENTAL INSURAN Vs Vs Vs Vs KANCHAN SHARMA AND ORS. KANCHAN SHARMA AND ORS. KANCHAN SHARMA AND ORS. KANCHAN SHARMA AND ORS. 1 1 1 1 The date when the judgment was reserved The date when the judgment was reserved The date when the judgment was reserved The date when the judgment was reserved 2 2 2 2 The date when the judgment is pronounced The date when the judgment is pronounced The date when the judgment is pronounced The date when the judgment is pronounced 3 3 3 3 The date when the judgment is uploaded on the website The date when the judgment is uploaded on the website The date when the judgment is uploaded on the website The date when the judgment is uploaded on the website 4 4 4 4 Whether only operative Whether only operative Whether only operative Whether only operative pronounced or whether the full judgment is pronounced pronounced or whether the full judgment is pronounced pronounced or whether the full judgment is pronounced pronounced or whether the full judgment is pronounced 5 5 5 5 The delay, if any, of the pronouncement of full The delay, if any, of the pronouncement of full The delay, if any, of the pronouncement of full The delay, if any, of the pronouncement of full judgment, and reasons thereof. judgment, and reasons thereof. judgment, and reasons thereof. judgment, and reasons thereof. CORAM: CORAM: CORAM: CORAM: HON'BLE MR. JUSTICE HARKESH MANUJ HON'BLE MR. JUSTICE HARKESH MANUJ HON'BLE MR. JUSTICE HARKESH MANUJ HON'BLE MR. JUSTICE HARKESH MANUJ Present: Mr. Mr. Sagar Aggarwal, Advocate for the appellants (in FAO No.6391 of 2011) & for respondent Nos.1 to 5 (in FAO No.6411 of 2011). Mr. Mr. for HARKESH MANUJA, J. HARKESH MANUJA, J. HARKESH MANUJA, J. HARKESH MANUJA, J. [1]. Vide this common judgment, the above noted two appeals, bearing FAO No.6391 of appeals lay challenge to the award dated 20.07.2011 passed by the learned Motor Accident Claim whereby an amount of Rs. appellants/claimants along with interest @ 7.5% per annum. are being culled out from FAO No.6391 6391 & 6411 of 2011 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH FAO FAO FAO FAO No. No. No. No.6391 6391 6391 6391 KANCHAN SHARMA AND ORS. KANCHAN SHARMA AND ORS. KANCHAN SHARMA AND ORS. KANCHAN SHARMA AND ORS. DHARAM CHAND @ DHARMA AND ORS. DHARAM CHAND @ DHARMA AND ORS. DHARAM CHAND @ DHARMA AND ORS. DHARAM CHAND @ DHARMA AND ORS. FAO FAO FAO FAO No. No. No. No.6411 6411 6411 6411 ORIENTAL INSURAN ORIENTAL INSURAN ORIENTAL INSURAN ORIENTAL INSURANC C C CE CO. LTD. E CO. LTD. E CO. LTD. E CO. LTD. KANCHAN SHARMA AND ORS. KANCHAN SHARMA AND ORS. KANCHAN SHARMA AND ORS. KANCHAN SHARMA AND ORS. The date when the judgment was reserved The date when the judgment was reserved The date when the judgment was reserved The date when the judgment was reserved The date when the judgment is pronounced The date when the judgment is pronounced The date when the judgment is pronounced The date when the judgment is pronounced The date when the judgment is uploaded on the website The date when the judgment is uploaded on the website The date when the judgment is uploaded on the website The date when the judgment is uploaded on the website Whether only operative Whether only operative Whether only operative Whether only operative part of the judgment is part of the judgment is part of the judgment is part of the judgment is pronounced or whether the full judgment is pronounced pronounced or whether the full judgment is pronounced pronounced or whether the full judgment is pronounced pronounced or whether the full judgment is pronounced The delay, if any, of the pronouncement of full The delay, if any, of the pronouncement of full The delay, if any, of the pronouncement of full The delay, if any, of the pronouncement of full judgment, and reasons thereof. judgment, and reasons thereof. judgment, and reasons thereof. judgment, and reasons thereof. HON'BLE MR. JUSTICE HARKESH MANUJ HON'BLE MR. JUSTICE HARKESH MANUJ HON'BLE MR. JUSTICE HARKESH MANUJ HON'BLE MR. JUSTICE HARKESH MANUJ Mr. Maneet Kaushik, Advocate for Mr. Sagar Aggarwal, Advocate for the appellants (in FAO No.6391 of 2011) & for respondent Nos.1 to 5 (in FAO No.6411 of 2011). Mr. Ashwani Talwar, Sr. Advocate with Mr. Nikhil Sehrawat, Advocate for the Insurance Company. **** HARKESH MANUJA, J. HARKESH MANUJA, J. HARKESH MANUJA, J. HARKESH MANUJA, J. Vide this common judgment, the above noted two appeals, bearing of 2011 and FAO No.6411 of 2011 appeals lay challenge to the award dated 20.07.2011 passed by the learned Motor Accident Claims Tribunal, Karnal (hereinafter referred to as “the Tribu whereby an amount of Rs.17,75,000/- was awarded as compensation to the imants along with interest @ 7.5% per annum. e being culled out from FAO No.6391 of 2011 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH 6391 6391 6391 6391 of of of of 2011 2011 2011 2011 (O&M) (O&M) (O&M) (O&M) …Appe …Appe …Appe …Appellant llant llant llants s s s …Respondent …Respondent …Respondent …Respondents s s s 6411 6411 6411 6411 of 2011 of 2011 of 2011 of 2011 (O&M) (O&M) (O&M) (O&M) …Appe …Appe …Appe …Appellants llants llants llants …Respondents …Respondents …Respondents …Respondents The date when the judgment was reserved The date when the judgment was reserved The date when the judgment was reserved The date when the judgment was reserved 28 28 28 28.01 .01 .01 .01.202 .202 .202 .2026 6 6 6 The date when the judgment is pronounced The date when the judgment is pronounced The date when the judgment is pronounced The date when the judgment is pronounced 1 1 1 18 8 8 8.0 .0 .0 .02 2 2 2.2026 .2026 .2026 .2026 The date when the judgment is uploaded on the website The date when the judgment is uploaded on the website The date when the judgment is uploaded on the website The date when the judgment is uploaded on the website 1 1 1 18 8 8 8.0 .0 .0 .02 2 2 2.2026 .2026 .2026 .2026 part of the judgment is part of the judgment is part of the judgment is part of the judgment is pronounced or whether the full judgment is pronounced pronounced or whether the full judgment is pronounced pronounced or whether the full judgment is pronounced pronounced or whether the full judgment is pronounced Full Full Full Full The delay, if any, of the pronouncement of full The delay, if any, of the pronouncement of full The delay, if any, of the pronouncement of full The delay, if any, of the pronouncement of full Not applicable Not applicable Not applicable Not applicable HON'BLE MR. JUSTICE HARKESH MANUJ HON'BLE MR. JUSTICE HARKESH MANUJ HON'BLE MR. JUSTICE HARKESH MANUJ HON'BLE MR. JUSTICE HARKESH MANUJA A A A for the appellants (in FAO No.6391 of 2011) & for respondent Nos.1 to 5 (in FAO No.6411 of 2011). Sr. Advocate with Vide this common judgment, the above noted two appeals, bearing 2011, are being decided as both the appeals lay challenge to the award dated 20.07.2011 passed by the learned Motor Tribunal, Karnal (hereinafter referred to as “the Tribunal”), was awarded as compensation to the imants along with interest @ 7.5% per annum. For brevity, the facts 2011 for reference. 1 Vide this common judgment, the above noted two appeals, bearing as both the appeals lay challenge to the award dated 20.07.2011 passed by the learned Motor nal”), was awarded as compensation to the facts Printed from counselvise.com MOHMED ATIK 2026.02.18 18:58 I attest to the accuracy and authenticity of this order/judgment FAO Nos.6391 & 6411 FACTS FACTS FACTS FACTS [2]. A claim petition came to be filed at the instance of appellants/claimant compensation considering monthly income at the rate of Rs 50,000/ death of Sham Lal @ Sham Sunder Sharma place on 01.07.2010, No.1-driver. [3]. Learn accident occurred due to rash and negl after assessing income of deceased @ Rs. Income Tax Returns of the deceased, awarded compensation in the following manner:- S.No. S.No. S.No. S.No. 1. 2. 3. 4. 5. 5. 5. 5. Further, liability was jointly and severally fastened upon the driver, owner and the insurer of the offending car, but was to be indemnified by the Insurance Company. [4]. Being Tribunal, the present appeals were preferred by the appellants 6391 & 6411 of 2011 (O&M) A claim petition came to be filed at the instance of appellants/claimants before the learned Tribunal, praying for grant of compensation considering monthly income at the rate of Rs 50,000/ Sham Lal @ Sham Sunder Sharma in a vehicular accident place on 01.07.2010, while alleging rash and negligent driving of res Learned Tribunal after appraisal of evidence on record held that the accident occurred due to rash and negligent driving of respondent No. essing income of deceased @ Rs.15,000/ Income Tax Returns of the deceased, awarded compensation in the following S.No. S.No. S.No. S.No. Heads of Claim Heads of Claim Heads of Claim Heads of Claim Monthly Income Deduction (1/4th) Multiplier Annual Income (Rs.11,250/- Funeral Expenses Total Total Total Total Further, liability was jointly and severally fastened upon the driver, owner and the insurer of the offending car, but was to be indemnified by the Insurance Company. Being aggrieved of the award dated 20.07.2011 passed by the l Tribunal, the present appeals were preferred by the appellants A claim petition came to be filed at the instance of Tribunal, praying for grant of compensation considering monthly income at the rate of Rs 50,000/- on account of in a vehicular accident which took while alleging rash and negligent driving of respondent Tribunal after appraisal of evidence on record held that the igent driving of respondent No.2/driver and 15,000/- per month taking into account Income Tax Returns of the deceased, awarded compensation in the following Amount (in Rs.) Amount (in Rs.) Amount (in Rs.) Amount (in Rs.) Rs. 15,000/- Rs. 11,250/- 13 x 12 x 13) Rs.17,55,000/- Rs. 20,000/ Rs. 20,000/ Rs. 20,000/ Rs. 20,000/- - - - Rs. 17,75,000/ Rs. 17,75,000/ Rs. 17,75,000/ Rs. 17,75,000/- - - - Further, liability was jointly and severally fastened upon the driver, owner and the insurer of the offending car, but was to be indemnified by the aggrieved of the award dated 20.07.2011 passed by the learned Tribunal, the present appeals were preferred by the appellants-claimants for 2 A claim petition came to be filed at the instance of Tribunal, praying for grant of on account of which took pondent Tribunal after appraisal of evidence on record held that the 2/driver and account Income Tax Returns of the deceased, awarded compensation in the following Further, liability was jointly and severally fastened upon the driver, owner and the insurer of the offending car, but was to be indemnified by the earned claimants for Printed from counselvise.com MOHMED ATIK 2026.02.18 18:58 I attest to the accuracy and authenticity of this order/judgment FAO Nos.6391 & 6411 modification of the award as well as for enhancement of compensation and by the Insurance Company for reduction of co in the claim petition about the factum of motor vehicular accident and the issue regarding negligence of the driver have been held by the of claimant Nos. way of cross-appeal, assailed the said finding by alleging contributory negligence on the part of the deceased as well as the driver and sought apportionment of liability in the ratio of 50:50. ARGUMENTS ARGUMENTS ARGUMENTS ARGUMENTS [5]. Learn deceased was a businessman and despite the Income Tax Returns proved on record as Ex. P-2 and Ex. P and Rs.1,92,050 demonstrating steady increase, learned income of the deceased at the rate of Rs contended that the learned Tribunal erred in determining 48 years, whereas the correct age of the deceased was 40 years, as duly reflected from the PAN card taken on record as Ex.P the learned Tribunal failed to award any compensation towards loss of c and that the amount awarded under the other conventional heads as well as the rate of interest awarded on the compensation was also on the lower side. On the said grounds, reassessment and enhancement of compensation was prayed. [6]. Per contra, learned counsel representing the Insurance Company, vehemently argued that the compensation awarded as well as the interest on compensation was towards the higher side and therefore prayed for reduction in the 6391 & 6411 of 2011 (O&M) modification of the award as well as for enhancement of compensation and by the Insurance Company for reduction of compensation in the claim petition about the factum of motor vehicular accident and the issue regarding negligence of the driver have been held by the s.1 to 5. However, the appellant-r appeal, assailed the said finding by alleging contributory negligence on the part of the deceased as well as the driver and sought apportionment of liability in the ratio of 50:50. Learned counsel for the appellants/claimants submitted that the deceased was a businessman and despite the Income Tax Returns proved on record 2 and Ex. P-3 showing gross total income of the deceased as Rs.1,65,850 1,92,050/- for the Assessment Year 2008 emonstrating steady increase, learned Tribunal wrongly assessed the monthly income of the deceased at the rate of Rs.15,000/ contended that the learned Tribunal erred in determining whereas the correct age of the deceased was 40 years, as duly reflected from the PAN card taken on record as Ex.P-1. Learned counsel further argued that Tribunal failed to award any compensation towards loss of c and that the amount awarded under the other conventional heads as well as the rate of interest awarded on the compensation was also on the lower side. On the said grounds, reassessment and enhancement of compensation was prayed. Per contra, learned counsel representing the Insurance Company, vehemently argued that the compensation awarded as well as the interest on compensation was towards the higher side and therefore prayed for reduction in the modification of the award as well as for enhancement of compensation and by the mpensation respectively. Facts as specified in the claim petition about the factum of motor vehicular accident and the issue regarding negligence of the driver have been held by the learned Tribunal in favor respondent/Insurance Company, by appeal, assailed the said finding by alleging contributory negligence on the part of the deceased as well as the driver and sought apportionment of ounsel for the appellants/claimants submitted that the deceased was a businessman and despite the Income Tax Returns proved on record 3 showing gross total income of the deceased as Rs.1,65,850 ar 2008-2009 and 2009-2010 respectively, Tribunal wrongly assessed the monthly 15,000/- per month. It was further contended that the learned Tribunal erred in determining the age of the deceased as whereas the correct age of the deceased was 40 years, as duly reflected 1. Learned counsel further argued that Tribunal failed to award any compensation towards loss of consortium and that the amount awarded under the other conventional heads as well as the rate of interest awarded on the compensation was also on the lower side. On the said grounds, reassessment and enhancement of compensation was prayed. Per contra, learned counsel representing the Insurance Company, vehemently argued that the compensation awarded as well as the interest on compensation was towards the higher side and therefore prayed for reduction in the 3 modification of the award as well as for enhancement of compensation and by the . Facts as specified in the claim petition about the factum of motor vehicular accident and the issue Tribunal in favor espondent/Insurance Company, by appeal, assailed the said finding by alleging contributory negligence on the part of the deceased as well as the driver and sought apportionment of ounsel for the appellants/claimants submitted that the deceased was a businessman and despite the Income Tax Returns proved on record 3 showing gross total income of the deceased as Rs.1,65,850/- 2010 respectively, Tribunal wrongly assessed the monthly further ge of the deceased as whereas the correct age of the deceased was 40 years, as duly reflected 1. Learned counsel further argued that onsortium and that the amount awarded under the other conventional heads as well as the rate of interest awarded on the compensation was also on the lower side. On the said Per contra, learned counsel representing the Insurance Company, vehemently argued that the compensation awarded as well as the interest on compensation was towards the higher side and therefore prayed for reduction in the Printed from counselvise.com MOHMED ATIK 2026.02.18 18:58 I attest to the accuracy and authenticity of this order/judgment FAO Nos.6391 & 6411 same. The finding recorded with re of the offending vehicle was also assailed while submitting that present was a case of contributory negligence. [7]. I have heard learned counsel for the parties and perused the paper book of the case. I fi representing appellants/claimant Discussion Discussion Discussion Discussion Findings as regards Contributory Negligence Findings as regards Contributory Negligence Findings as regards Contributory Negligence Findings as regards Contributory Negligence [8]. In the present case, Nitin Sharma (PW accident, categorically deposed tha 30.06.2010/01.07.2010 at about 1:00 a.m., he was travelling from Delhi to Amritsar in the offending bus driven by respondent No.1, along with his cousins Ankur and Pankaj and his uncle Sham Lal. He stated that the bus was bein at a high speed and in violation of traffic norms, and while attempting to overtake another vehicle near Mayur Dhaba, Karnal, it struck the rear of that vehicle. As a result, Sham Lal, who was resting in the sleeper cabin, sustained grievous injur leading to amputation of his arm, and was Hospital succumbing to his injuries. unimpeached despite lengthy cross discredit his presence or by him, naming respondent No.1 as the driver. Once his involvement came to light, the onus shifted upon respondent No.1 to rebut the allegation; however, he admittedly did not lodge any complaint alleg examination, respondent No.1/ defence by deposing that the accident occurred when a truck coming from behind at a high speed and in a rash manner while attempting to o 6391 & 6411 of 2011 (O&M) same. The finding recorded with respect to the negligence attributed to the driver of the offending vehicle was also assailed while submitting that present was a case of contributory negligence. I have heard learned counsel for the parties and perused the paper book of the case. I find force in the arguments advanced by the learned epresenting appellants/claimant Nos.1 to 5. Findings as regards Contributory Negligence Findings as regards Contributory Negligence Findings as regards Contributory Negligence Findings as regards Contributory Negligence In the present case, Nitin Sharma (PW accident, categorically deposed that on the intervening night of 30.06.2010/01.07.2010 at about 1:00 a.m., he was travelling from Delhi to Amritsar in the offending bus driven by respondent No.1, along with his cousins Ankur and Pankaj and his uncle Sham Lal. He stated that the bus was bein at a high speed and in violation of traffic norms, and while attempting to overtake another vehicle near Mayur Dhaba, Karnal, it struck the rear of that vehicle. As a result, Sham Lal, who was resting in the sleeper cabin, sustained grievous injur leading to amputation of his arm, and was subsequently declared dead at the Civil Hospital succumbing to his injuries. The testimony of PW unimpeached despite lengthy cross-examination, and nothing was elicited to discredit his presence or version of the occurrence. The FIR was promptly lodged by him, naming respondent No.1 as the driver. Once his involvement came to light, the onus shifted upon respondent No.1 to rebut the allegation; however, he admittedly did not lodge any complaint alleging false implication. Although, in hi examination, respondent No.1/Dharam Chand, driver (RW defence by deposing that the accident occurred when a truck coming from behind at a high speed and in a rash manner while attempting to o spect to the negligence attributed to the driver of the offending vehicle was also assailed while submitting that present was a case I have heard learned counsel for the parties and perused the paper nd force in the arguments advanced by the learned In the present case, Nitin Sharma (PW-2), an eye-witness to the t on the intervening night of 30.06.2010/01.07.2010 at about 1:00 a.m., he was travelling from Delhi to Amritsar in the offending bus driven by respondent No.1, along with his cousins Ankur and Pankaj and his uncle Sham Lal. He stated that the bus was being driven at a high speed and in violation of traffic norms, and while attempting to overtake another vehicle near Mayur Dhaba, Karnal, it struck the rear of that vehicle. As a result, Sham Lal, who was resting in the sleeper cabin, sustained grievous injur subsequently declared dead at the Civil The testimony of PW-2 remained examination, and nothing was elicited to version of the occurrence. The FIR was promptly lodged by him, naming respondent No.1 as the driver. Once his involvement came to light, the onus shifted upon respondent No.1 to rebut the allegation; however, he ing false implication. Although, in hi Dharam Chand, driver (RW-1) attempted to set up a defence by deposing that the accident occurred when a truck coming from behind at a high speed and in a rash manner while attempting to overtake from conductor 4 spect to the negligence attributed to the driver of the offending vehicle was also assailed while submitting that present was a case I have heard learned counsel for the parties and perused the paper nd force in the arguments advanced by the learned witness to the t on the intervening night of 30.06.2010/01.07.2010 at about 1:00 a.m., he was travelling from Delhi to Amritsar in the offending bus driven by respondent No.1, along with his cousins g driven at a high speed and in violation of traffic norms, and while attempting to overtake another vehicle near Mayur Dhaba, Karnal, it struck the rear of that vehicle. As a result, Sham Lal, who was resting in the sleeper cabin, sustained grievous injuries, subsequently declared dead at the Civil 2 remained examination, and nothing was elicited to version of the occurrence. The FIR was promptly lodged by him, naming respondent No.1 as the driver. Once his involvement came to light, the onus shifted upon respondent No.1 to rebut the allegation; however, he ing false implication. Although, in his 1) attempted to set up a defence by deposing that the accident occurred when a truck coming from behind vertake from conductor Printed from counselvise.com MOHMED ATIK 2026.02.18 18:58 I attest to the accuracy and authenticity of this order/judgment FAO Nos.6391 & 6411 side struck the bus. He further deposed that amputation of deceased’s hand and other injuries sustained by him was due to his own negligence as he kept his hand outside the window despite warnings. He in strict compliance with traffic rules and that no negligence could be attributed to him. However, unsubstantiated as neither the conductor or any passenger was produced as witness, nor any other evidence was led to corroborate the same. In the absence of any corroboration, the self confidence of this Court. [9]. Even otherwise, it is a matter of common experience that while sitting or resting in a bus, a passenger’s arm may occasionally protrude outside; however, such a circumstance by itself cannot and does not lead to amputation unless it is accompanied by a violent impact, which could have occurred only due to the accident in question. T consequent death were of respondent No.1/driver. In this view of the matter, the contentions raised on behalf of the Insurance the driver and the deceased are wholly misconceived and devoid of merit. Consequently, the findings recorded by the learned Tribunal on this issue are hereby affirmed. Question of Income Assessed Question of Income Assessed Question of Income Assessed Question of Income Assessed [10]. In th deposed that the deceased Sham Lal @ Sham Sunder Sharma (her husband) was running a business of utensils, earning Rs Tribunal assessed 6391 & 6411 of 2011 (O&M) side struck the bus. He further deposed that amputation of deceased’s hand and other injuries sustained by him was due to his own negligence as he kept his hand outside the window despite warnings. He also asserted that he was drivin in strict compliance with traffic rules and that no negligence could be attributed to him. However, the said version of respondent N unsubstantiated as neither the conductor or any passenger was produced as witness, er evidence was led to corroborate the same. In the absence of any corroboration, the self-serving testimony of respondent No.1 does not inspire of this Court. Even otherwise, it is a matter of common experience that while sitting ing in a bus, a passenger’s arm may occasionally protrude outside; however, such a circumstance by itself cannot and does not lead to amputation unless it is accompanied by a violent impact, which could have occurred only due to the accident in question. The grievous injuries sustained by the deceased and his consequent death were direct and proximate result of the rash and negligent driving of respondent No.1/driver. In this view of the matter, the contentions raised on nsurance Company regarding contributory negligenceon the part of the driver and the deceased are wholly misconceived and devoid of merit. Consequently, the findings recorded by the learned Tribunal on this issue are hereby affirmed. Question of Income Assessed Question of Income Assessed Question of Income Assessed Question of Income Assessed In the present case, appellant/ claimant N deposed that the deceased Sham Lal @ Sham Sunder Sharma (her husband) was running a business of utensils, earning Rs.50,000/ Tribunal assessed monthly income @ Rs.15,00 side struck the bus. He further deposed that amputation of deceased’s hand and other injuries sustained by him was due to his own negligence as he kept his hand asserted that he was driving the bus in strict compliance with traffic rules and that no negligence could be attributed to the said version of respondent No.1 remained wholly unsubstantiated as neither the conductor or any passenger was produced as witness, er evidence was led to corroborate the same. In the absence of any serving testimony of respondent No.1 does not inspire Even otherwise, it is a matter of common experience that while sitting ing in a bus, a passenger’s arm may occasionally protrude outside; however, such a circumstance by itself cannot and does not lead to amputation unless it is accompanied by a violent impact, which could have occurred only due to the he grievous injuries sustained by the deceased and his direct and proximate result of the rash and negligent driving of respondent No.1/driver. In this view of the matter, the contentions raised on regarding contributory negligenceon the part of the driver and the deceased are wholly misconceived and devoid of merit. Consequently, the findings recorded by the learned Tribunal on this issue are sent case, appellant/ claimant No.1 Kanchan Sharma (PW deposed that the deceased Sham Lal @ Sham Sunder Sharma (her husband) was 50,000/- per month. However, ld. 15,000/- while relying upon the Income 5 side struck the bus. He further deposed that amputation of deceased’s hand and other injuries sustained by him was due to his own negligence as he kept his hand g the bus in strict compliance with traffic rules and that no negligence could be attributed to wholly unsubstantiated as neither the conductor or any passenger was produced as witness, er evidence was led to corroborate the same. In the absence of any serving testimony of respondent No.1 does not inspire Even otherwise, it is a matter of common experience that while sitting ing in a bus, a passenger’s arm may occasionally protrude outside; however, such a circumstance by itself cannot and does not lead to amputation unless it is accompanied by a violent impact, which could have occurred only due to the he grievous injuries sustained by the deceased and his direct and proximate result of the rash and negligent driving of respondent No.1/driver. In this view of the matter, the contentions raised on regarding contributory negligenceon the part of the driver and the deceased are wholly misconceived and devoid of merit. Consequently, the findings recorded by the learned Tribunal on this issue are o.1 Kanchan Sharma (PW-1) deposed that the deceased Sham Lal @ Sham Sunder Sharma (her husband) was per month. However, ld. while relying upon the Income Printed from counselvise.com MOHMED ATIK 2026.02.18 18:58 I attest to the accuracy and authenticity of this order/judgment FAO Nos.6391 & 6411 Tax Returns placed on record as Ex. P of the deceased as Rs.1,65,850 2009 and 2009- absence of any other cogent documentary evidence, though rightly placed reliance upon the Income Tax Returns being statutory documents; however it erred in assessing the correct monthly income of the learned Tribunal while assessing the income has taken into account the Gross Total Income whereas what is to be take into consideration is the Total Income after applying necessary tax deductions under Chapter VI In the present case, the i total annual income after deductions as follows Exhibits Ex. P-2 Ex. P-3 In view of the aforesaid and considering the income shown in Ex.P as last drawn income, this court deems it just and appropriate to ascertain the monthly income of the deceased Question regarding age of Question regarding age of Question regarding age of Question regarding age of [11]. The appellants/claimants asserted that the deceased was 40 years of age at the time of death and, in support of this contention, relied upon the PAN card of the decease Tribunal, while discarding the said documentary evidence, assessed the age of the deceased as 48 years by placing reliance on the rati 6391 & 6411 of 2011 (O&M) Tax Returns placed on record as Ex. P-2 and Ex. P of the deceased as Rs.1,65,850/- and Rs.1,92,050 -2010 respectively. In the humble opinion of this absence of any other cogent documentary evidence, though rightly placed reliance upon the Income Tax Returns being statutory documents; however it erred in assessing the correct monthly income of the ibunal while assessing the income has taken into account the Gross Total Income whereas what is to be take into consideration is the Total Income after applying necessary tax deductions under Chapter VI In the present case, the income tax returns produced as Ex. P total annual income after deductions as follows:- Assessment Year Total Annual Income 2008-2009 Rs. 1,20,826/ 2009-2010 Rs.1,56,050/ In view of the aforesaid and considering the income shown in Ex.P as last drawn income, this court deems it just and appropriate to ascertain the monthly income of the deceased as Rs.13,004/-. Question regarding age of Question regarding age of Question regarding age of Question regarding age of the deceased the deceased the deceased the deceased The appellants/claimants asserted that the deceased was 40 years of age at the time of death and, in support of this contention, relied upon the PAN card of the deceased, duly placed on record as Ex.P Tribunal, while discarding the said documentary evidence, assessed the age of the deceased as 48 years by placing reliance on the rati 2 and Ex. P-3 showing gross total income 1,92,050/- for the Assessment Year 2008 2010 respectively. In the humble opinion of this Court, in the absence of any other cogent documentary evidence, though learned Tribunal rightly placed reliance upon the Income Tax Returns being statutory documents; however it erred in assessing the correct monthly income of the deceased. The ibunal while assessing the income has taken into account the Gross Total Income whereas what is to be take into consideration is the Total Income after applying necessary tax deductions under Chapter VI-A of Income Tax Act, 1961. ncome tax returns produced as Ex. P-2 and Ex P-3 reflect - Total Annual Income Monthly Income (Approx.) Rs. 1,20,826/- Rs. 10,068.83/- Rs.1,56,050/- Rs.13,004.16/- In view of the aforesaid and considering the income shown in Ex.P as last drawn income, this court deems it just and appropriate to ascertain the The appellants/claimants asserted that the deceased was 40 years of age at the time of death and, in support of this contention, relied upon the PAN d, duly placed on record as Ex.P-1. However, the learned Tribunal, while discarding the said documentary evidence, assessed the age of the deceased as 48 years by placing reliance on the ration card, proved as Ex.P-4. 6 3 showing gross total income for the Assessment Year 2008- Court, in the Tribunal rightly placed reliance upon the Income Tax Returns being statutory documents; deceased. The ibunal while assessing the income has taken into account the Gross Total Income whereas what is to be take into consideration is the Total Income after 1961. 3 reflect Monthly Income In view of the aforesaid and considering the income shown in Ex.P-3 as last drawn income, this court deems it just and appropriate to ascertain the The appellants/claimants asserted that the deceased was 40 years of age at the time of death and, in support of this contention, relied upon the PAN 1. However, the learned Tribunal, while discarding the said documentary evidence, assessed the age of the 4. In Printed from counselvise.com MOHMED ATIK 2026.02.18 18:58 I attest to the accuracy and authenticity of this order/judgment FAO Nos.6391 & 6411 the humble opinion of this Court, l as the best evidence for determining the age of the deceased. Section 3(16) of National Food Security Act reproduced hereunder: 2. Definitions. 2. Definitions. 2. Definitions. 2. Definitions. (16) \"ration c (16) \"ration c (16) \"ration c (16) \"ration c the State Government for the purchase of essential commodities from the the State Government for the purchase of essential commodities from the the State Government for the purchase of essential commodities from the the State Government for the purchase of essential commodities from the fair price shops under the Targeted Public Distribution System; fair price shops under the Targeted Public Distribution System; fair price shops under the Targeted Public Distribution System; fair price shops under the Targeted Public Distribution System; Thus from the definition itself, it is manifest that a rat merely a welfare exclusively for distribution of essential commodities at subsidized rates. Further, the Targeted Public Distribution System (Control) Order, 2015, notified on 20.03.2015, exp of identity or proof of residence. Relying upon the same, the Hon’ble Rajasthan High Court in the case of No. 4133 of 2025) No. 4133 of 2025) No. 4133 of 2025) No. 4133 of 2025) proof of age. Relevant excerpt is reproduced hereunder: “ “ “ “15.1. Public Distribution (Department of Food and Public Distribution) vide its order dated 20.03.2015 in Gazette of India: Extraordinary [Part II \"G.S.R. 213(E). necessary and expedient so to do for maintaining supplies and securing availability and distribution of under the Targeted Public Distribution System; Now, therefore, in exercise of the powers conferred by section 3 of the Essential Commodities Act, 1955 (10 of 1955) and in supersession of the Public Distribution Sys done or omitted to be done before such supersession and save as otherwise provided hereunder, the Central Government hereby makes the following Order, namely: 6391 & 6411 of 2011 (O&M) the humble opinion of this Court, learned Tribunal erred in treating the ration card best evidence for determining the age of the deceased. Section 3(16) of National Food Security Act, (2013) defines the term ration card. The same is reproduced hereunder:- 2. Definitions. 2. Definitions. 2. Definitions. 2. Definitions.— — — —In this Act, unless the context otherwise requires, In this Act, unless the context otherwise requires, In this Act, unless the context otherwise requires, In this Act, unless the context otherwise requires, (16) \"ration c (16) \"ration c (16) \"ration c (16) \"ration card\" means a document issued under an order or authority of ard\" means a document issued under an order or authority of ard\" means a document issued under an order or authority of ard\" means a document issued under an order or authority of the State Government for the purchase of essential commodities from the the State Government for the purchase of essential commodities from the the State Government for the purchase of essential commodities from the the State Government for the purchase of essential commodities from the fair price shops under the Targeted Public Distribution System; fair price shops under the Targeted Public Distribution System; fair price shops under the Targeted Public Distribution System; fair price shops under the Targeted Public Distribution System; Thus from the definition itself, it is manifest that a rat welfare-document issued by the State Government and intended exclusively for distribution of essential commodities at subsidized rates. Further, Targeted Public Distribution System (Control) Order, 2015, notified on expressly provides that a ration card shall not be used as a document of identity or proof of residence. Relying upon the same, the Hon’ble Rajasthan High Court in the case of Adman Singh v. Risal Kanwar (S.B. Civil Writ Petition Adman Singh v. Risal Kanwar (S.B. Civil Writ Petition Adman Singh v. Risal Kanwar (S.B. Civil Writ Petition Adman Singh v. Risal Kanwar (S.B. Civil Writ Petition No. 4133 of 2025) No. 4133 of 2025) No. 4133 of 2025) No. 4133 of 2025) went on to hold that ration card cannot be relied upon even as proof of age. Relevant excerpt is reproduced hereunder: 15.1. This Court finds that the Ministry of Consumer Affairs, Food and Public Distribution (Department of Food and Public Distribution) vide its order dated 20.03.2015 in Gazette of India: Extraordinary [Part II \"G.S.R. 213(E).-Whereas the Central Government is of the opinion that it is necessary and expedient so to do for maintaining supplies and securing availability and distribution of essential commodity, namely, food grains under the Targeted Public Distribution System; Now, therefore, in exercise of the powers conferred by section 3 of the Essential Commodities Act, 1955 (10 of 1955) and in supersession of the Public Distribution System (Control) Order, 2001, except as respects things done or omitted to be done before such supersession and save as otherwise provided hereunder, the Central Government hereby makes the following Order, namely: 1. Short title, and commencement. Targeted Public Distribution System (Control)Order, 2015.\" Tribunal erred in treating the ration card best evidence for determining the age of the deceased. Section 3(16) of (2013) defines the term ration card. The same is In this Act, unless the context otherwise requires, In this Act, unless the context otherwise requires, In this Act, unless the context otherwise requires, In this Act, unless the context otherwise requires,— — — — ard\" means a document issued under an order or authority of ard\" means a document issued under an order or authority of ard\" means a document issued under an order or authority of ard\" means a document issued under an order or authority of the State Government for the purchase of essential commodities from the the State Government for the purchase of essential commodities from the the State Government for the purchase of essential commodities from the the State Government for the purchase of essential commodities from the fair price shops under the Targeted Public Distribution System; fair price shops under the Targeted Public Distribution System; fair price shops under the Targeted Public Distribution System; fair price shops under the Targeted Public Distribution System; Thus from the definition itself, it is manifest that a ration card is issued by the State Government and intended exclusively for distribution of essential commodities at subsidized rates. Further, Targeted Public Distribution System (Control) Order, 2015, notified on ressly provides that a ration card shall not be used as a document of identity or proof of residence. Relying upon the same, the Hon’ble Rajasthan Adman Singh v. Risal Kanwar (S.B. Civil Writ Petition Adman Singh v. Risal Kanwar (S.B. Civil Writ Petition Adman Singh v. Risal Kanwar (S.B. Civil Writ Petition Adman Singh v. Risal Kanwar (S.B. Civil Writ Petition hold that ration card cannot be relied upon even as proof of age. Relevant excerpt is reproduced hereunder:- This Court finds that the Ministry of Consumer Affairs, Food and Public Distribution (Department of Food and Public Distribution) vide its order dated 20.03.2015 in Gazette of India: Extraordinary [Part II-SEC 3(i)] Whereas the Central Government is of the opinion that it is necessary and expedient so to do for maintaining supplies and securing essential commodity, namely, food grains under the Targeted Public Distribution System; Now, therefore, in exercise of the powers conferred by section 3 of the Essential Commodities Act, 1955 (10 of 1955) and in supersession of the tem (Control) Order, 2001, except as respects things done or omitted to be done before such supersession and save as otherwise provided hereunder, the Central Government hereby makes the following 1. Short title, and commencement.-(1) This Order may be called the Targeted Public Distribution System (Control)Order, 2015.\" 7 Tribunal erred in treating the ration card best evidence for determining the age of the deceased. Section 3(16) of (2013) defines the term ration card. The same is ard\" means a document issued under an order or authority of ard\" means a document issued under an order or authority of ard\" means a document issued under an order or authority of ard\" means a document issued under an order or authority of the State Government for the purchase of essential commodities from the the State Government for the purchase of essential commodities from the the State Government for the purchase of essential commodities from the the State Government for the purchase of essential commodities from the ion card is issued by the State Government and intended exclusively for distribution of essential commodities at subsidized rates. Further, Targeted Public Distribution System (Control) Order, 2015, notified on ressly provides that a ration card shall not be used as a document of identity or proof of residence. Relying upon the same, the Hon’ble Rajasthan Adman Singh v. Risal Kanwar (S.B. Civil Writ Petition Adman Singh v. Risal Kanwar (S.B. Civil Writ Petition Adman Singh v. Risal Kanwar (S.B. Civil Writ Petition Adman Singh v. Risal Kanwar (S.B. Civil Writ Petition hold that ration card cannot be relied upon even as This Court finds that the Ministry of Consumer Affairs, Food and Public Distribution (Department of Food and Public Distribution) vide its SEC 3(i)] Whereas the Central Government is of the opinion that it is necessary and expedient so to do for maintaining supplies and securing essential commodity, namely, food grains Now, therefore, in exercise of the powers conferred by section 3 of the Essential Commodities Act, 1955 (10 of 1955) and in supersession of the tem (Control) Order, 2001, except as respects things done or omitted to be done before such supersession and save as otherwise provided hereunder, the Central Government hereby makes the following rder may be called the Printed from counselvise.com MOHMED ATIK 2026.02.18 18:58 I attest to the accuracy and authenticity of this order/judgment FAO Nos.6391 & 6411 15.2. Thus, taking into consideration the order dated 20.03.2015 in Gazette of India: Extraordinary [Part II Ration Card cannot be used as a document of identity or proof of residence, therefore, the learned trial Court ought not to have relied upon the Ration Card for determining the age of Usman Kanwar. xx xx xx 16. This Court is, therefore, of the view that Ration Card and Jan Aadhaar card cannot be regarded as conclusive proof of date of birth. On the contrary, a PAN card is a statutory document issued by the Assessing Officer only after due verification und Tax Act, 1961, a central fiscal legislation. Furthermore, t in a PAN card qualifies as a Adhiniyam, 2023, performance of official duty 2 recognize PAN card as a valid proof of date of birth. The same is reproduced hereunder:- PASSPORT (AMENDMENT) RULES, 2025 RULE 2 In th documents to be attached with the application, in paragraph (A) Passports, in sub namely: \"(b) \"(b) \"(b) \"(b) (I) (I) (I) (I) of the following) of the following) of the following) of the following) 6391 & 6411 of 2011 (O&M) Under the aforementioned order under Section 4(6) of the order has specifically stated that Ration Card shall not be used as a document of identity or proof of residence. Rule 4(6) of the said order is reproduced below: '4. Ration Cards.-(1) The State Government shall issue Ration Cards to the eligible households as mentioned in the final list specified under sub-clause (12) of clause 3: (2) to (5) …. (6) Ration Card shall not be used as a document of identity or proof of residence. (7) to (20)….\" 15.2. Thus, taking into consideration the order dated 20.03.2015 in Gazette of India: Extraordinary [Part II-SEC 3(1)] \"G.S.R. 213 (E)\" when the Ration Card cannot be used as a document of identity or proof of residence, therefore, the learned trial Court ought not to have relied upon the Ration Card for determining the age of Usman Kanwar. xx xx xx 16. This Court is, therefore, of the view that Ration Card and Jan Aadhaar card cannot be regarded as conclusive proof of date of birth. On the contrary, a PAN card is a statutory document issued by the Assessing Officer only after due verification und Tax Act, 1961, a central fiscal legislation. Furthermore, t in a PAN card qualifies as a relevant fact under Adhiniyam, 2023, being an entry in a public record made by a public servant in the performance of official duty. Even the Passport (Amendment) Rules, 2025 in Rule 2 recognize PAN card as a valid proof of date of birth. The same is reproduced PASSPORT (AMENDMENT) RULES, 2025 RULE 2 In the Passports Rules, 1980, in schedule III, in section (IV) relating to documents to be attached with the application, in paragraph (A) Passports, in sub-paragraph 1 for clause (b), the following shall be substituted, namely:- \"(b) \"(b) \"(b) \"(b) Proof of Date of Birth: Proof of Date of Birth: Proof of Date of Birth: Proof of Date of Birth: In respect of persons born before the 1st October, 2023 (attach one In respect of persons born before the 1st October, 2023 (attach one In respect of persons born before the 1st October, 2023 (attach one In respect of persons born before the 1st October, 2023 (attach one of the following) of the following) of the following) of the following) – – – – Under the aforementioned order under Section 4(6) of the order has specifically stated that Ration Card shall not be used as a document of identity or proof of residence. ule 4(6) of the said order is reproduced below: (1) The State Government shall issue Ration Cards to the eligible households as mentioned in the final list specified clause (12) of clause 3: not be used as a document of identity or proof 15.2. Thus, taking into consideration the order dated 20.03.2015 in Gazette SEC 3(1)] \"G.S.R. 213 (E)\" when the Ration Card cannot be used as a document of identity or proof of residence, therefore, the learned trial Court ought not to have relied upon the Ration Card for determining the age of Usman Kanwar. 16. This Court is, therefore, of the view that Ration Card and Jan Aadhaar card cannot be regarded as conclusive proof of date of birth.” ” ” ” On the contrary, a PAN card is a statutory document issued by the Assessing Officer only after due verification under Section 139-A of the Income Tax Act, 1961, a central fiscal legislation. Furthermore, the date of birth mentioned relevant fact under Section 29 in Bharatiya Sakshya record made by a public servant in the . Even the Passport (Amendment) Rules, 2025 in Rule 2 recognize PAN card as a valid proof of date of birth. The same is reproduced PASSPORT (AMENDMENT) RULES, 2025 e Passports Rules, 1980, in schedule III, in section (IV) relating to documents to be attached with the application, in paragraph (A) Passports, paragraph 1 for clause (b), the following shall be substituted, In respect of persons born before the 1st October, 2023 (attach one In respect of persons born before the 1st October, 2023 (attach one In respect of persons born before the 1st October, 2023 (attach one In respect of persons born before the 1st October, 2023 (attach one 8 Under the aforementioned order under Section 4(6) of the order has specifically stated that Ration Card shall not be used as a document (1) The State Government shall issue Ration Cards to the eligible households as mentioned in the final list specified not be used as a document of identity or proof 15.2. Thus, taking into consideration the order dated 20.03.2015 in Gazette SEC 3(1)] \"G.S.R. 213 (E)\" when the Ration Card cannot be used as a document of identity or proof of residence, therefore, the learned trial Court ought not to have relied upon the Ration 16. This Court is, therefore, of the view that Ration Card and Jan Aadhaar On the contrary, a PAN card is a statutory document issued by the A of the Income he date of birth mentioned Sakshya record made by a public servant in the . Even the Passport (Amendment) Rules, 2025 in Rule 2 recognize PAN card as a valid proof of date of birth. The same is reproduced e Passports Rules, 1980, in schedule III, in section (IV) relating to documents to be attached with the application, in paragraph (A) Passports, paragraph 1 for clause (b), the following shall be substituted, In respect of persons born before the 1st October, 2023 (attach one In respect of persons born before the 1st October, 2023 (attach one In respect of persons born before the 1st October, 2023 (attach one In respect of persons born before the 1st October, 2023 (attach one Printed from counselvise.com MOHMED ATIK 2026.02.18 18:58 I attest to the accuracy and authenticity of this order/judgment FAO Nos.6391 & 6411 (i) Municipal Corporation or any other authority, empowered under the Registration of (ii) recognised school last attended or recognised educational board having the date of birth of the applicant; or (iii) (iii) (iii) (iii) Department having the date of birth of the applicant; or Department having the date of birth of the applicant; or Department having the date of birth of the applicant; or Department having the date of birth of the applicant; or (iv) respect of Government servants) or the Pay Pension Order (in respect of retired Govern charge of the administration of the concerned Ministry or Department of the applicant, having his date of birth; or (v) State (vi) India containing the date of birth of the applicant; or (vii) Public Companies having the date of birth of the holder of the insurance policy. (II) following) the Municipal C Registration of Births and Deaths Act, 1969 (18 of 1969).\" In view of the aforesaid, this Court deems it fi card (Ex.P-1) as the best evidence which shows the date of birth of the deceased as 17/12/1969. Since age of the deceased at the time of death law laid down in Corporation &Anr., (2009)6 SCC 121 [12]. In the present case, the appellant two minor daughters, and two minor sons of the deceased. F standpoint, the deceased, being the father of two minor daughters, would have invariably prioritised setting aside financial resources to secure their future. In the prevailing social milieu, a father shoulders a continuing responsibilit 6391 & 6411 of 2011 (O&M) (i) Birth certificate issued by the Registrar of Births and Deaths or the Municipal Corporation or any other authority, empowered under the Registration of Births and Deaths Act, 1969 (18 of 1969); or (ii) Transfer or school leaving or matriculation certificate issued by the recognised school last attended or recognised educational board having the date of birth of the applicant; or (iii) (iii) (iii) (iii) Permanent Accoun Permanent Accoun Permanent Accoun Permanent Account Number Card issued by the Income t Number Card issued by the Income t Number Card issued by the Income t Number Card issued by the Income Department having the date of birth of the applicant; or Department having the date of birth of the applicant; or Department having the date of birth of the applicant; or Department having the date of birth of the applicant; or (iv) Copy of an extract of the service record of the applicant (only in respect of Government servants) or the Pay Pension Order (in respect of retired Government servants), duly attested or certified by the officerin charge of the administration of the concerned Ministry or Department of the applicant, having his date of birth; or (v) Driving licence issued by the Transport Department of the concerned State Government, having the date of birth of the applicant; or (vi) Election Photo Identity Card issued by the Election Commission of India containing the date of birth of the applicant; or (vii) Policy bond issued by the Life Insurance Corporations of Indi Public Companies having the date of birth of the holder of the insurance policy. (II) In respect of persons born on or after 1st October, 2023 (attach the following) - Birth certificate issued by the Registrar of Births and Deaths or the Municipal Corporation or any other authority, empowered under the Registration of Births and Deaths Act, 1969 (18 of 1969).\" In view of the aforesaid, this Court deems it fi 1) as the best evidence which shows the date of birth of the deceased as 17/12/1969. Since Sham Lal @ Sham Sunder Sharma age of the deceased at the time of death was 40 years. Accordingly, by applying law laid down in Smt. Sarla Verma case (supra) Corporation &Anr., (2009)6 SCC 121, multiplier of 15 will be appropriate. In the present case, the appellant–claimants No. 1 to 5 are the widow, two minor daughters, and two minor sons of the deceased. F standpoint, the deceased, being the father of two minor daughters, would have invariably prioritised setting aside financial resources to secure their future. In the prevailing social milieu, a father shoulders a continuing responsibilit Birth certificate issued by the Registrar of Births and Deaths or the Municipal Corporation or any other authority, empowered under the Births and Deaths Act, 1969 (18 of 1969); or Transfer or school leaving or matriculation certificate issued by the recognised school last attended or recognised educational board having the t Number Card issued by the Income t Number Card issued by the Income t Number Card issued by the Income t Number Card issued by the Income- - - - Department having the date of birth of the applicant; or Department having the date of birth of the applicant; or Department having the date of birth of the applicant; or Department having the date of birth of the applicant; or Copy of an extract of the service record of the applicant (only in respect of Government servants) or the Pay Pension Order (in respect of ment servants), duly attested or certified by the officerin charge of the administration of the concerned Ministry or Department of the applicant, having his date of birth; or Driving licence issued by the Transport Department of the concerned Government, having the date of birth of the applicant; or Election Photo Identity Card issued by the Election Commission of India containing the date of birth of the applicant; or Policy bond issued by the Life Insurance Corporations of India or Public Companies having the date of birth of the holder of the insurance In respect of persons born on or after 1st October, 2023 (attach the Birth certificate issued by the Registrar of Births and Deaths or orporation or any other authority, empowered under the Registration of Births and Deaths Act, 1969 (18 of 1969).\" In view of the aforesaid, this Court deems it fit to consider the PAN 1) as the best evidence which shows the date of birth of the deceased as Sham Lal @ Sham Sunder Sharma died on 01.07.2010, thus the was 40 years. Accordingly, by applying case (supra)&Ors. Vs. Delhi Transport , multiplier of 15 will be appropriate. claimants No. 1 to 5 are the widow, two minor daughters, and two minor sons of the deceased. From a sociological standpoint, the deceased, being the father of two minor daughters, would have invariably prioritised setting aside financial resources to secure their future. In the prevailing social milieu, a father shoulders a continuing responsibility not merely 9 Birth certificate issued by the Registrar of Births and Deaths or the Municipal Corporation or any other authority, empowered under the Transfer or school leaving or matriculation certificate issued by the recognised school last attended or recognised educational board having the t Number Card issued by the Income t Number Card issued by the Income t Number Card issued by the Income t Number Card issued by the Income- - - -tax tax tax tax Copy of an extract of the service record of the applicant (only in respect of Government servants) or the Pay Pension Order (in respect of ment servants), duly attested or certified by the officerin- charge of the administration of the concerned Ministry or Department of Driving licence issued by the Transport Department of the concerned Election Photo Identity Card issued by the Election Commission of a or Public Companies having the date of birth of the holder of the insurance In respect of persons born on or after 1st October, 2023 (attach the Birth certificate issued by the Registrar of Births and Deaths or orporation or any other authority, empowered under the t to consider the PAN 1) as the best evidence which shows the date of birth of the deceased as , thus the was 40 years. Accordingly, by applying &Ors. Vs. Delhi Transport claimants No. 1 to 5 are the widow, rom a sociological standpoint, the deceased, being the father of two minor daughters, would have invariably prioritised setting aside financial resources to secure their future. In the y not merely Printed from counselvise.com MOHMED ATIK 2026.02.18 18:58 I attest to the accuracy and authenticity of this order/judgment FAO Nos.6391 & 6411 towards day-to- education, marriage and other essential social obligations of his daughters. Such responsibilities compel a prudent parent to restrict personal expenditure and allocate a substantial portion of income for the long Although the law laid down in the number of dependents ranges between four to six, a deduction of one the income towards the personal expenses of the deceased is ordinarily applied, the judgment itself clarifies that such deduction is not an inflexible Relevant extract is reproduced hereunder: “13. merely a guideline. In Susamma Thomas, it was observed that in the absence of evidence, it is not unusual to deduct the personal living expenses of the deceased and treat the balance as the amount likely to have been spent on the members of the family/dependants. In UPSRTC v. Trilok Chandra [1996(4) SCC 362], this Court held that if number of dependents in the family of the deceased was large, in the absence of specific evidence in regard to contribution to the family, the Court may adopt the unit method for arriving at the contribution of the deceased to his family. By this meth allotted to each minor, and total number of units are determined. Then the income is divided by the total number of units. The quotient is multiplied by two to arrive at the personal living expenses o the following illustration : provision for his transport and out In Fakeerappa v. Karnataka Cement Pipe Factory, 2004(2) RCR (Civil) 619 : 2004(2) SCC 473, while considering the appropriateness of 50% deduction towards personal and living expenses of the deceased made by the High Court, this Court observed : 6391 & 6411 of 2011 (O&M) -day sustenance, but also towards ensuring better upbringing, education, marriage and other essential social obligations of his daughters. Such responsibilities compel a prudent parent to restrict personal expenditure and e a substantial portion of income for the long Although the law laid down in Sarla Verma Sarla Verma Sarla Verma Sarla Verma’s case the number of dependents ranges between four to six, a deduction of one the income towards the personal expenses of the deceased is ordinarily applied, the judgment itself clarifies that such deduction is not an inflexible Relevant extract is reproduced hereunder:- But, such percentage of deduction is not an inflexible rule and offers merely a guideline. In Susamma Thomas, it was observed that in the absence of evidence, it is not unusual to deduct one the personal living expenses of the deceased and treat the balance as the amount likely to have been spent on the members of the family/dependants. In UPSRTC v. Trilok Chandra [1996(4) SCC 362], this Court held that if number of dependents in the family of the deceased was large, in the absence of specific evidence in regard to contribution to the family, the Court may adopt the unit method for arriving at the contribution of the deceased to his family. By this method, two units is allotted to each adult and one unit is allotted to each minor, and total number of units are determined. Then the income is divided by the total number of units. The quotient is multiplied by two to arrive at the personal living expenses o the following illustration : \"X, male, aged about 35 years, dies in an accident. He leaves behind his widow and 3 minor children. His monthly income was Rs. 3500. First, deduct the amount spent on X every month. The rough an method hitherto adopted where no definite evidence was forthcoming, was to break up the family into units, taking two units for and adult and one unit for a minor. Thus X and his wire make 2+2=4 units and each minor one unit i.e. 3 units in all, to works out to Rs. 3500/7 = Rs. 500 per month. It can thus be assumed that Rs. 1000 was spent on X. Since he was a working member some provision for his transport and out estimated. In the present case we estimate the out Rs. 250. Thus the amount spent on the deceased X works out to Rs. 1250 per month per month leaving a balance of Rs. 3500 2250 per month. This amount can be taken as the monthly loss of X's dependents.\" In Fakeerappa v. Karnataka Cement Pipe Factory, 2004(2) RCR (Civil) 619 : 2004(2) SCC 473, while considering the appropriateness of 50% deduction towards personal and living expenses of the deceased made by the High Court, this Court observed : day sustenance, but also towards ensuring better upbringing, education, marriage and other essential social obligations of his daughters. Such responsibilities compel a prudent parent to restrict personal expenditure and e a substantial portion of income for the long-term welfare of the children. ’s case (supra) prescribes that where the number of dependents ranges between four to six, a deduction of one-fourth of the income towards the personal expenses of the deceased is ordinarily applied, the judgment itself clarifies that such deduction is not an inflexible or rigid rule. But, such percentage of deduction is not an inflexible rule and offers merely a guideline. In Susamma Thomas, it was observed that in the absence one-third of the gross income towards the personal living expenses of the deceased and treat the balance as the amount likely to have been spent on the members of the family/dependants. In UPSRTC v. Trilok Chandra [1996(4) SCC 362], this Court held that if number of dependents in the family of the deceased was large, in the absence of specific evidence in regard to contribution to the family, the Court may adopt the unit method for arriving at the contribution of the deceased to his od, two units is allotted to each adult and one unit is allotted to each minor, and total number of units are determined. Then the income is divided by the total number of units. The quotient is multiplied by two to arrive at the personal living expenses of the deceased. This Court gave \"X, male, aged about 35 years, dies in an accident. He leaves behind his widow and 3 minor children. His monthly income was Rs. 3500. First, deduct the amount spent on X every month. The rough and ready method hitherto adopted where no definite evidence was forthcoming, was to break up the family into units, taking two units for and adult and one unit for a minor. Thus X and his wire make 2+2=4 units and each minor one unit i.e. 3 units in all, totaling 7 units. Thus the share per unit works out to Rs. 3500/7 = Rs. 500 per month. It can thus be assumed that Rs. 1000 was spent on X. Since he was a working member some provision for his transport and out-of-pocket expenses has to be present case we estimate the out-of-pocket expense at Rs. 250. Thus the amount spent on the deceased X works out to Rs. 1250 per month per month leaving a balance of Rs. 3500-1250= Rs. 2250 per month. This amount can be taken as the monthly loss of X's In Fakeerappa v. Karnataka Cement Pipe Factory, 2004(2) RCR (Civil) 619 : 2004(2) SCC 473, while considering the appropriateness of 50% deduction towards personal and living expenses of the deceased made by the High 10 day sustenance, but also towards ensuring better upbringing, education, marriage and other essential social obligations of his daughters. Such responsibilities compel a prudent parent to restrict personal expenditure and term welfare of the children. prescribes that where fourth of the income towards the personal expenses of the deceased is ordinarily applied, the or rigid rule. But, such percentage of deduction is not an inflexible rule and offers merely a guideline. In Susamma Thomas, it was observed that in the absence third of the gross income towards the personal living expenses of the deceased and treat the balance as the amount likely to have been spent on the members of the family/dependants. In UPSRTC v. Trilok Chandra [1996(4) SCC 362], this Court held that if the number of dependents in the family of the deceased was large, in the absence of specific evidence in regard to contribution to the family, the Court may adopt the unit method for arriving at the contribution of the deceased to his od, two units is allotted to each adult and one unit is allotted to each minor, and total number of units are determined. Then the income is divided by the total number of units. The quotient is multiplied by f the deceased. This Court gave \"X, male, aged about 35 years, dies in an accident. He leaves behind his widow and 3 minor children. His monthly income was Rs. 3500. First, d ready method hitherto adopted where no definite evidence was forthcoming, was to break up the family into units, taking two units for and adult and one unit for a minor. Thus X and his wire make 2+2=4 units and each taling 7 units. Thus the share per unit works out to Rs. 3500/7 = Rs. 500 per month. It can thus be assumed that Rs. 1000 was spent on X. Since he was a working member some pocket expenses has to be pocket expense at Rs. 250. Thus the amount spent on the deceased X works out to Rs. 1250= Rs. 2250 per month. This amount can be taken as the monthly loss of X's In Fakeerappa v. Karnataka Cement Pipe Factory, 2004(2) RCR (Civil) 619 : 2004(2) SCC 473, while considering the appropriateness of 50% deduction towards personal and living expenses of the deceased made by the High Printed from counselvise.com MOHMED ATIK 2026.02.18 18:58 I attest to the accuracy and authenticity of this order/judgment FAO Nos.6391 & 6411 In the humble opinion of this court, the present cases stands on exceptional footing and thus in view of the aforesaid and having regard to the social obligations and the pressing future needs of two minor daughters, this Court deems it just and appropriate to apply a reduced deduction of 1/5 personal expenses of the deceased. QUESTION OF FUTURE PROSPECTS QUESTION OF FUTURE PROSPECTS QUESTION OF FUTURE PROSPECTS QUESTION OF FUTURE PROSPECTS [13]. The deceased at the time of death was (running a business of utensils). Thus, having regard to the law laid down in “National Insurance Co. Ltd. vs. Pranay Sethi and “National Insurance Co. Ltd. vs. Pranay Sethi and “National Insurance Co. Ltd. vs. Pranay Sethi and “National Insurance Co. Ltd. vs. Pranay Sethi and SCC 680 SCC 680 SCC 680 SCC 680, this court deems it just and appropriate to grant 25% of the actual salary of deceased towards future prospects. QUESTION OF COMPENSATION UNDER CONVENTIONAL HEADS QUESTION OF COMPENSATION UNDER CONVENTIONAL HEADS QUESTION OF COMPENSATION UNDER CONVENTIONAL HEADS QUESTION OF COMPENSATION UNDER CONVENTIONAL HEADS [14]. Furthermore, in view of the judgment of the Hon’ble Apex Court in Smt. Sarla Verma Smt. Sarla Verma Smt. Sarla Verma Smt. Sarla Verma Insurance Co.Ltd. vs. Satinder Kaur”, Insurance Co.Ltd. vs. Satinder Kaur”, Insurance Co.Ltd. vs. Satinder Kaur”, Insurance Co.Ltd. vs. Satinder Kaur”, compensation awarded under conventional he accordingly. Appellants/claimants for Rs.18,000/- of estate. Loss of Consortium as claimants being the widow, two minor daughters and 2 sons are entitled to spousal and parental consortium. 6391 & 6411 of 2011 (O&M) \"What would be the percentage of deduction for personal expenditure cannot be governed by any rigid rule or formula of universal application. It would depend upon circumstances of each case. The deceased undisputedly was a bachelor. Stand of the insurer is marriage, the contribution to the parents would have been lesser and, therefore, taking an overall view the Tribunal and the High Court were justified in fixing the deduction.\" In the humble opinion of this court, the present cases stands on exceptional footing and thus in view of the aforesaid and having regard to the social obligations and the pressing future needs of two minor daughters, this Court deems it just and appropriate to apply a reduced deduction of 1/5 ses of the deceased. QUESTION OF FUTURE PROSPECTS QUESTION OF FUTURE PROSPECTS QUESTION OF FUTURE PROSPECTS QUESTION OF FUTURE PROSPECTS The deceased at the time of death was (running a business of utensils). Thus, having regard to the law laid down in “National Insurance Co. Ltd. vs. Pranay Sethi and “National Insurance Co. Ltd. vs. Pranay Sethi and “National Insurance Co. Ltd. vs. Pranay Sethi and “National Insurance Co. Ltd. vs. Pranay Sethi and this court deems it just and appropriate to grant 25% of the actual salary of deceased towards future prospects. QUESTION OF COMPENSATION UNDER CONVENTIONAL HEADS QUESTION OF COMPENSATION UNDER CONVENTIONAL HEADS QUESTION OF COMPENSATION UNDER CONVENTIONAL HEADS QUESTION OF COMPENSATION UNDER CONVENTIONAL HEADS Furthermore, in view of the judgment of the Hon’ble Apex Court in Smt. Sarla Verma Smt. Sarla Verma Smt. Sarla Verma Smt. Sarla Verma & . Pranay Sethi and others & . Pranay Sethi and others & . Pranay Sethi and others & . Pranay Sethi and others Insurance Co.Ltd. vs. Satinder Kaur”, Insurance Co.Ltd. vs. Satinder Kaur”, Insurance Co.Ltd. vs. Satinder Kaur”, Insurance Co.Ltd. vs. Satinder Kaur”, reported as compensation awarded under conventional heads is also required to be assessed accordingly. Appellants/claimants in FAO No.6391 of 2011 as compensation under funeral head and Rs. of estate. Loss of Consortium is assessed to the tune of Rs as claimants being the widow, two minor daughters and 2 sons are entitled to spousal and parental consortium. \"What would be the percentage of deduction for personal expenditure cannot be governed by any rigid rule or formula of universal application. It would depend upon circumstances of each case. The deceased undisputedly was a bachelor. Stand of the insurer is that after marriage, the contribution to the parents would have been lesser and, therefore, taking an overall view the Tribunal and the High Court were justified in fixing the deduction.\" In the humble opinion of this court, the present cases stands on exceptional footing and thus in view of the aforesaid and having regard to the social obligations and the pressing future needs of two minor daughters, this Court deems it just and appropriate to apply a reduced deduction of 1/5thtowards the The deceased at the time of death was 40 years and was self employed (running a business of utensils). Thus, having regard to the law laid down in “National Insurance Co. Ltd. vs. Pranay Sethi and “National Insurance Co. Ltd. vs. Pranay Sethi and “National Insurance Co. Ltd. vs. Pranay Sethi and “National Insurance Co. Ltd. vs. Pranay Sethi and others” others” others” others” reported as (2017) 16 (2017) 16 (2017) 16 (2017) 16 this court deems it just and appropriate to grant 25% of the actual salary QUESTION OF COMPENSATION UNDER CONVENTIONAL HEADS QUESTION OF COMPENSATION UNDER CONVENTIONAL HEADS QUESTION OF COMPENSATION UNDER CONVENTIONAL HEADS QUESTION OF COMPENSATION UNDER CONVENTIONAL HEADS Furthermore, in view of the judgment of the Hon’ble Apex Court in & . Pranay Sethi and others & . Pranay Sethi and others & . Pranay Sethi and others & . Pranay Sethi and others’ case ’ case ’ case ’ cases s s s (supra) (supra) (supra) (supra), and “United India “United India “United India “United India reported as (2021) 11 SCC 780, (2021) 11 SCC 780, (2021) 11 SCC 780, (2021) 11 SCC 780, ads is also required to be assessed in FAO No.6391 of 2011 are thus, held entitled tion under funeral head and Rs.18,000/- towards loss is assessed to the tune of Rs.2,40,000/- (48,000 x 5) as claimants being the widow, two minor daughters and 2 sons are entitled to 11 \"What would be the percentage of deduction for personal expenditure cannot be governed by any rigid rule or formula of universal application. It would depend upon circumstances of each case. The that after marriage, the contribution to the parents would have been lesser and, therefore, taking an overall view the Tribunal and the High Court were In the humble opinion of this court, the present cases stands on exceptional footing and thus in view of the aforesaid and having regard to the social obligations and the pressing future needs of two minor daughters, this Court towards the and was self employed (running a business of utensils). Thus, having regard to the law laid down in (2017) 16 (2017) 16 (2017) 16 (2017) 16 this court deems it just and appropriate to grant 25% of the actual salary Furthermore, in view of the judgment of the Hon’ble Apex Court in “United India “United India “United India “United India (2021) 11 SCC 780, (2021) 11 SCC 780, (2021) 11 SCC 780, (2021) 11 SCC 780, ads is also required to be assessed are thus, held entitled towards loss (48,000 x 5) as claimants being the widow, two minor daughters and 2 sons are entitled to Printed from counselvise.com MOHMED ATIK 2026.02.18 18:58 I attest to the accuracy and authenticity of this order/judgment FAO Nos.6391 & 6411 CONCLUSION CONCLUSION CONCLUSION CONCLUSION [15]. In view of the discussion made hereinabove, the appellant are held entitled for the grant of compensation in the following manner: S.No. S.No. S.No. S.No. 1. 2. 3. 4. 5. 6. 6. 6. 6. 7. 7. 7. 7. 8. 8. 8. 8. 9. 9. 9. 9. 10. 10. 10. 10. 11. 11. 11. 11. 12. 12. 12. 12. [16]. The grant of interest @ 7 view of the observations made by the Hon’ble Supreme Court in and others vs. National Insurance Company Limited and other, and others vs. National Insurance Company Limited and other, and others vs. National Insurance Company Limited and other, and others vs. National Insurance Company Limited and other, (4) SCC 513 (4) SCC 513 (4) SCC 513 (4) SCC 513 approved in a subsequent judgment titled as K.L. Narayana Reddy and another, 2014 (1) RCR (Civil) 443 K.L. Narayana Reddy and another, 2014 (1) RCR (Civil) 443 K.L. Narayana Reddy and another, 2014 (1) RCR (Civil) 443 K.L. Narayana Reddy and another, 2014 (1) RCR (Civil) 443 enhanced to 9% per annum on the amount of compensation awarded to the claimants from the date of institution of claim petition till its realization. Nee to mention here that the amount of compensation already paid to the claimant shall be deducted from the enhanced compensation. [17]. Accordingly disposed of with the aforesaid modification of the award passed by the learned 6391 & 6411 of 2011 (O&M) CONCLUSION CONCLUSION CONCLUSION CONCLUSION In view of the discussion made hereinabove, the appellant held entitled for the grant of compensation in the following manner: Nature Nature Nature Nature Annual Income of Deceased Add 25% future prospects Total Income (Rs. 1,56,050/- + Rs. 39,012.5/ Deduction (1/5th) Net Income after deduction (Rs.1,95,062.5 39,012.5) Income after applying multiplier of 15 as per age Income after applying multiplier of 15 as per age Income after applying multiplier of 15 as per age Income after applying multiplier of 15 as per age of 40 years (Rs. 1,56,050/ of 40 years (Rs. 1,56,050/ of 40 years (Rs. 1,56,050/ of 40 years (Rs. 1,56,050/- - - - x 15) x 15) x 15) x 15) Funeral Expenses Funeral Expenses Funeral Expenses Funeral Expenses Loss Loss Loss Loss of Estate of Estate of Estate of Estate Loss of Consortium (Rs. 48,000 x 5) Loss of Consortium (Rs. 48,000 x 5) Loss of Consortium (Rs. 48,000 x 5) Loss of Consortium (Rs. 48,000 x 5) Total Compensation Total Compensation Total Compensation Total Compensation Amount Awarded by the Tribunal Amount Awarded by the Tribunal Amount Awarded by the Tribunal Amount Awarded by the Tribunal Enhanced Amount Enhanced Amount Enhanced Amount Enhanced Amount The grant of interest @ 7.5 % per annum is not equitable and just in view of the observations made by the Hon’ble Supreme Court in and others vs. National Insurance Company Limited and other, and others vs. National Insurance Company Limited and other, and others vs. National Insurance Company Limited and other, and others vs. National Insurance Company Limited and other, approved in a subsequent judgment titled as K.L. Narayana Reddy and another, 2014 (1) RCR (Civil) 443 K.L. Narayana Reddy and another, 2014 (1) RCR (Civil) 443 K.L. Narayana Reddy and another, 2014 (1) RCR (Civil) 443 K.L. Narayana Reddy and another, 2014 (1) RCR (Civil) 443 enhanced to 9% per annum on the amount of compensation awarded to the from the date of institution of claim petition till its realization. Nee to mention here that the amount of compensation already paid to the claimant shall be deducted from the enhanced compensation. Accordingly, the appeal filed at the instance of appellants/claimants is disposed of with the aforesaid modification of the award passed by the learned In view of the discussion made hereinabove, the appellants/claimant held entitled for the grant of compensation in the following manner:- Amount (in Amount (in Amount (in Amount (in Rs.) Rs.) Rs.) Rs.) Rs.1,56,050/ Rs.39,012.5/ + Rs. 39,012.5/-) Rs.1,95,062.5/ Rs.39,012.5/ Net Income after deduction (Rs.1,95,062.5 – Rs. Rs.1,56,050/ Income after applying multiplier of 15 as per age Income after applying multiplier of 15 as per age Income after applying multiplier of 15 as per age Income after applying multiplier of 15 as per age x 15) x 15) x 15) x 15) Rs. Rs. Rs. Rs.23,40,750/ 23,40,750/ 23,40,750/ 23,40,750/ Rs. Rs. Rs. Rs.18,000/ 18,000/ 18,000/ 18,000/- - - - Rs. Rs. Rs. Rs.18,000/ 18,000/ 18,000/ 18,000/- - - - Loss of Consortium (Rs. 48,000 x 5) Loss of Consortium (Rs. 48,000 x 5) Loss of Consortium (Rs. 48,000 x 5) Loss of Consortium (Rs. 48,000 x 5) Rs. Rs. Rs. Rs.2,40,000/ 2,40,000/ 2,40,000/ 2,40,000/ Rs. Rs. Rs. Rs.26,16,750/ 26,16,750/ 26,16,750/ 26,16,750/ Amount Awarded by the Tribunal Amount Awarded by the Tribunal Amount Awarded by the Tribunal Amount Awarded by the Tribunal Rs. Rs. Rs. Rs.17,75,000/ 17,75,000/ 17,75,000/ 17,75,000/ Rs. 8,41,750/ Rs. 8,41,750/ Rs. 8,41,750/ Rs. 8,41,750/ % per annum is not equitable and just in view of the observations made by the Hon’ble Supreme Court in “Smt. Supe Dei “Smt. Supe Dei “Smt. Supe Dei “Smt. Supe Dei and others vs. National Insurance Company Limited and other, and others vs. National Insurance Company Limited and other, and others vs. National Insurance Company Limited and other, and others vs. National Insurance Company Limited and other, reported as (2009) (2009) (2009) (2009) approved in a subsequent judgment titled as “P “P “P “Puttamma and others vs. uttamma and others vs. uttamma and others vs. uttamma and others vs. K.L. Narayana Reddy and another, 2014 (1) RCR (Civil) 443 K.L. Narayana Reddy and another, 2014 (1) RCR (Civil) 443 K.L. Narayana Reddy and another, 2014 (1) RCR (Civil) 443 K.L. Narayana Reddy and another, 2014 (1) RCR (Civil) 443 thus, the interest is enhanced to 9% per annum on the amount of compensation awarded to the from the date of institution of claim petition till its realization. Needless to mention here that the amount of compensation already paid to the claimant shall be deducted from the enhanced compensation. the appeal filed at the instance of appellants/claimants is disposed of with the aforesaid modification of the award passed by the learned 12 /claimants Amount (in Amount (in Amount (in Amount (in Rs.1,56,050/- Rs.39,012.5/- Rs.1,95,062.5/- 39,012.5/- 1,56,050/- 23,40,750/ 23,40,750/ 23,40,750/ 23,40,750/- - - - 2,40,000/ 2,40,000/ 2,40,000/ 2,40,000/- - - - 26,16,750/ 26,16,750/ 26,16,750/ 26,16,750/- - - - 17,75,000/ 17,75,000/ 17,75,000/ 17,75,000/- - - - Rs. 8,41,750/ Rs. 8,41,750/ Rs. 8,41,750/ Rs. 8,41,750/- - - - % per annum is not equitable and just in “Smt. Supe Dei “Smt. Supe Dei “Smt. Supe Dei “Smt. Supe Dei (2009) (2009) (2009) (2009) uttamma and others vs. uttamma and others vs. uttamma and others vs. uttamma and others vs. thus, the interest is enhanced to 9% per annum on the amount of compensation awarded to the dless to mention here that the amount of compensation already paid to the claimants the appeal filed at the instance of appellants/claimants is disposed of with the aforesaid modification of the award passed by the learned Printed from counselvise.com MOHMED ATIK 2026.02.18 18:58 I attest to the accuracy and authenticity of this order/judgment FAO Nos.6391 & 6411 Tribunal and the appeal Pending miscellaneous application(s) Febru Febru Febru February ary ary ary 1 1 1 18 8 8 8, 202 , 202 , 202 , 202 Atik Whether speaking/reasoned Whether reportable 6391 & 6411 of 2011 (O&M) and the appeal filed at the instance of Insurance Company is dismissed Pending miscellaneous application(s), if any, shall also stand disposed of. , 202 , 202 , 202 , 2026 6 6 6 Whether speaking/reasoned Yes/No Whether reportable Yes/No filed at the instance of Insurance Company is dismissed , if any, shall also stand disposed of. (HARKESH MANUJA) (HARKESH MANUJA) (HARKESH MANUJA) (HARKESH MANUJA) JUDGE JUDGE JUDGE JUDGE 13 filed at the instance of Insurance Company is dismissed. Printed from counselvise.com MOHMED ATIK 2026.02.18 18:58 I attest to the accuracy and authenticity of this order/judgment "
Other Referred Cases
National Insurance Co. Ltd. vs. Pranay Sethi, Smt. Sarla Verma vs. Delhi Transport Corporation, UPSRTC v. Trilok Chandra, Fakeerappa v. Karnataka Cement Pipe Factory
Laws Referred To
-
1:1 Consultation with family dentist -Your Smile Deserves the Best Care!
₹250
1:1 Consultation on Startup Compliance
₹1
Tax Holiday Secrets for Startups
₹0
Income Tax Act 2025
₹0
CRM Implementation Plan
₹0
Budget 2026: 5 Major Personal Tax Changes Every Taxpayer Must Know
Team Counselvise - February 05, 2026
When Global Talent Meets GST: The Huawei Secondment Ruling explained
Team Counselvise - March 09, 2026
Transfer Pricing and International Tax Reforms under Finance Bill, 2026: A Practical Overview
Team Counselvise - February 07, 2026