FAO No. 3185 of IN THE HIG Rajinder Singh & Iqbal Singh & Ors CORAM: HON’BL Present:- Mr. For t Mr. For r DEEPAK GUPTA, The prese award dated 22.0 Patiala, limited to 2. The and unmarried, 02.07.1998 due PB-11-H-7605. T petition under S father Rajinder nephews, asserti the deceased. 3. The evidence regardi sister-in-law and no evidence of confined the co 5 of 2001 Page N: 1 of 4 HIGH COURT OF PUNJAB AND HAR FAO No. 3185 of 2001( Date of decision: 29.01 gh & Ors. Versus Ors. N’BLE MR. JUSTICE DEEPAK GUPTA Mr. A.S. Kalsy, Advocate For the appellants. Mr. Sandeep Saini, Advocate For respondent No.3 National Insura *** TA, J. resent appeal has been preferred 22.05.2001 passed by the learned ed to the question of inadequacy of The facts are not in dispute. Surinde ed, lost his life in a motor vehicul ue to rash and negligent driving o 5. The mother of the deceased h er Section 166 of the Motor Vehi der Singh, brother, widowed sis serting themselves to be legal rep The learned Tribunal recorded a fin arding the income of the deceased. and minor nephews could not be of dependency was led by them. compensation to a sum of ₹50 HARYANA AT CHANDIGARH 01(O&M) 9.01.2026 …Appellant …Respondent PTA surance Company Ltd. rred by the claimants assailing th ned Motor Accident Claims Tribuna y of compensation. inder Pal Singh, aged about 22 year icular accident, which occurred on ng of truck bearing registration No ed had predeceased him. A claim Vehicles Act, 1988 was filed by hi sister-in-law (Bhabhi) and mino representatives and dependents o a finding that there was no cogen sed. It further held that the brother be treated as dependents and tha em. On that premise, the Tribuna ₹50,000/- under no-fault liability llants ents the unal, years d on No. claim y his inor ts of gent ther, that unal bility, JITEN SHARMA 2026.01.30 15:36 I attest to the accuracy and integrity of this document FAO No. 3185 of payable jointly a vehicle. 4. Lear ground that the compensation to not proved. It is the right to clai deceased and n judgment of the v. Birender & Or representatives a as per law. 5. Lear brother, sister-in the deceased, na “legal represent Section 166 of th 6. Lear legal position tha meaning of Sec computed in acco 7. In vi father of the dec the deceased Su restricting compe 8. Com admittedly 22 ye deceased stand e from Punjabi Un Mass Communi 5 of 2001 Page N: 2 of 4 tly and severally by the driver, own Learned counsel for the appellants the learned Tribunal fell into a se n to no-fault liability merely on th It is contended that under Section claim compensation vests in the d not merely in dependents. Rel the Hon’ble Supreme Court in Natio & Ors. 2020 AIR (SC) 434 to submit ves are entitled to maintain a claim Learned counsel further submits in-law and nephews may not qua , namely Rajinder Singh, unquestio sentative” and is entitled to co f the Act and not confined to no-fau Learned counsel for the Insurance that the father of the deceased is Section 166 of the Act and is e accordance with settled principles. In view of the above, this Court hol deceased, is entitled to compensa d Surinder Pal Singh. The approa mpensation to no-fault liability is le Coming to the determination of 2 years of age and unmarried. The nd established on record. He had p i University, Patiala and had also cl unication (Part-I), with Part-II remain owner and insurer of the offendin ants has assailed the award on the a serious error in law by restrictin n the ground that dependency wa tion 166 of the Motor Vehicles Act the “legal representatives” of the Reliance has been placed on the ational Insurance Company Limited bmit that even non-dependent lega aim petition and seek compensation its that even assuming that th qualify as dependents, the father o stionably falls within the expression compensation determined unde fault liability. nce Company could not dispute the is a legal representative within the is entitled to compensation to b les. holds that appellant Rajinder Singh ensation as a legal representative o roach adopted by the Tribunal in is legally unsustainable. of quantum, the deceased wa The educational qualifications of the ad passed B.A. (Hons.) in Economic o cleared Master of Journalism and maining. The income was pleaded to ding the ing was Act, f the the ited legal ation the er of ssion nder e the n the o be ingh, ve of al in was f the mics and ed to JITEN SHARMA 2026.01.30 15:36 I attest to the accuracy and integrity of this document FAO No. 3185 of be ₹4,000/- per substantiate the 9. PW Insurance Agent period of 7-8 mo best establishes deceased was wo again without do 10. In th required to asse qualifications a qualifications of suggested by le Insurance Compa ₹30,000/- per an 11. As th towards future p Sethi. Accordingl 12. The entitled to comp personal and liv works out to ₹21 13. The the multiplier p Applying the said 14. Havi 1998, a sum of expenses. Additio which is assessed 5 of 2001 Page N: 3 of 4 per month, however, no documen the same. PW-5 Gurinder Pal Singh deposed t ent under him and earned comm months. In the absence of docum hes a modest earning capacity. PW s working as a part-time electrician t documentary corroboration. In the absence of reliable proof assess the notional income having s and earning potential of th s of the deceased and the prevaili y learned counsel for the appell mpany, the notional income is asse r annum. As the deceased was below the age re prospects is warranted in view ingly, the annual income is enhance The deceased being unmarried a ompensation, 50% of the income is d living expenses. Consequently, t ₹21,000/-. The deceased was 22 years of age r prescribed in Sarla Verma, th said multiplier, the total loss of dep Having regard to the fact that the of ₹5,000/- each is awarded tow ditionally, the father of the decease ssed at ₹12,000/-. mentary evidence was produced to ed that the deceased worked as an mmission of about ₹1,500/- over cumentary proof, this testimony a PW-6 Joginder Singh stated that the cian earning ₹1,500/- per month, bu of of actual income, the Court i ving regard to the age, educationa the deceased. Considering the vailing circumstances, and as fairl pellants and not opposed by the assessed at ₹2,500/- per month, i.e age of 40 years, an addition of 40% iew of the law laid down in Pranay anced to ₹42,000/-. d and only the father being held e is liable to be deducted toward ly, the annual loss of dependenc age at the time of accident. As pe the appropriate multiplier is 18 dependency comes to ₹3,78,000/- the accident occurred in the ye towards loss of estate and funera eased is entitled to filial consortium d to as an ver a ny at t the , but rt is ional the fairly the , i.e. 40% anay held ards ency s per s 18. -. year neral tium, JITEN SHARMA 2026.01.30 15:36 I attest to the accuracy and integrity of this document FAO No. 3185 of 15. Thus sum of ₹50,000 compensation wo 16. Acco father of the d ₹3,50,000/- alon filing of the claim joint and several. 29.01.2026 Jiten Whe Whe 5 of 2001 Page N: 4 of 4 Thus, the total compensation payab 000/- has already been awarded n works out to ₹3,50,000/-. Accordingly, the appeal is partly all e deceased, shall be entitled t along with interest at the rate of 7. laim petition till realization. The liab eral. The appeal stands disposed of hether speaking/reasoned : Yes/No hether reportable : Yes/No ayable comes to ₹4,00,000/-. Since ed by the Tribunal, the enhanced y allowed. Appellant Rajinder Singh d to enhanced compensation o f 7.5% per annum from the date o liability of the respondents shall be d of in the above terms. (DEEPAK GUPTA) JUDGE nce a nced ingh, n of te of all be JITEN SHARMA 2026.01.30 15:36 I attest to the accuracy and integrity of this document