-1- 229 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-1663-2000 Date of Decision: 14.07.2026 SMT. DIGAMBERI DEVI AND ORS ....Appellants Versus SARIN KUMAR AND ORS ...Respondents CORAM: HON'BLE MR. JUSTICE PARMOD GOYAL Present: Mr. Sunidh Kashyap, Advocate & Ms. Shama Kashyap, Advocate Mr. Sanjeev Singh, Advocate Mr. Hoshiar Singh, Advocate for the appellants. Mr. Paramjeet Singh, DAG, Haryana. PARMOD GOYAL, J. (ORAL) Present appeal has been preferred by the appellants-claimants who are wife, four children and mother of deceased Sh. Jagdambey Parshad (hereinafter referred to as the ‘deceased’), who died in motor vehicular accident which took place on 026.10.1997, on account of rash and negligent driving by respondent No.1 while driving bus bearing registration No. HR- 37-4420, being aggrieved by the insufficient compensation of Rs.5,50,000/- awarded vide impugned award dated 03.02.2000, passed by the Motor Accident Claims Tribunal, Ambala (hereinafter referred to as ‘Tribunal’). 2. Since in present appeal the only issue raised by appellants- claimants is as regards to quantum of compensation, the detailed facts as RAVINDER DHANIA 2026.07.17 14:59 I attest to the accuracy and integrity of this document FAO-1663-2000 -2- regards to manner of accident are not being noticed herein for the sake of brevity. 3. In the present case, liability to pay compensation has been adjudged against all the four respondents jointly and severally. The vehicle is owned by respondent Nos.2, 3 & 4. In these circumstances, when the primary liability to pay compensation is upon owner, service upon respondent No.1 is dispensed with at this stage. 4. In present case, learned Tribunal has awarded the following compensation: Income Rs.4,600/- per month Deduction 1/4th Multiplier 13 Loss of dependency Rs.5,46,000/- (Rs.42,000x13) Loss of consortium Rs.2,000/- Funeral expenses Rs.2,000/- Total compensation awarded Rs.5,50,000/- 5. It is the case of the appellants-claimants that the deceased was working as a peon in Bhakhra Beas Management Board, sector 17, chandigarh and was drawing salary of Rs.4,591/- per month as per the salary certificate Ex.P.2. Official from employer i.e. Bansi Lal, Superintendent was duly examined as PW-3 and had proved date of birth vide certificate Ex.P1 and last pay drawn certificate of deceased as Ex.P2. As per Ex. P2, deceased was drawing Rs.4,591/- per month as last pay. Learned counsel for the appellants-claimants also exerted that apart from working as peon, deceased was also engaged in agriculture and was earning Rs.2,000/- per month. It is the claim of appellants-claimants that deceased in total was earning Rs.6,600/- per month and is survived by six dependents i.e. wife, four RAVINDER DHANIA 2026.07.17 14:59 I attest to the accuracy and integrity of this document FAO-1663-2000 -3- children and mother. It is also not in dispute that deceased was 48 years and 05 months old at the time of accident as was stated by his employer while appearing as PW-3. Though the appellants-claimants have claimed that deceased was also earning Rs.2,000/- per month from agriculture, however, except for self-serving oral assertions, no documentary material was placed on record by the appellants-claimants to justify income of deceased from agriculture. No revenue records or evidence has been placed on record to show that deceased was owner of agricultural land or had taken the same on lease. In absence of any evidence regarding agricultural income, the income so claimed cannot be accepted specially when deceased was already in full time job. The only evidence available regarding income of deceased is that of PW-3 which is totally reliable and accordingly, income of deceased is taken as Rs.4,591/- per month on the date of accident. 6. Keeping in view age of deceased as 48 years 05 months at the time of accident, future prospects to the extent of 30% would be applicable in view of the judgment of Hon’ble Supreme Court in National Insurance Company Ltd. Vs. Pranay Sethi & Ors., 2017 (16) SCC 680. Similarly, multiplier of ‘13’ shall be applicable in view of the judgment of the Hon’ble Supreme Court in Sarla Verma Vs. Delhi Transport Corporation, 2009 (6) SCC 121. Since the deceased is survived by six dependents i.e wife, four children and mother, 1/4th deductions towards personal expenses needs to be made. Accordingly, appellant-claimant No.1 shall also be entitled to compensation for loss of spousal consortium @ Rs.40,000/-, appellants- claimants No.2,3,4 and 5 shall be entitled to compensation for loss of parental consortium @ Rs.40,000/- each and appellant-claimant No.6 shall be entitled to compensation @ Rs.40,000/- towards loss of filial consortium. RAVINDER DHANIA 2026.07.17 14:59 I attest to the accuracy and integrity of this document FAO-1663-2000 -4- Appellants-claimants shall also be entitled to Rs.15,000/- towards funeral expenses and Rs.15,000/- towards loss of estate. It is however made clear that in case Hon’ble Supreme Court answer the reference regarding quantum of compensation under conventional head made in Hasina Yasmin & Ors. Vs. National Insurance Co. Ltd., 2025 SCC Online SC 2919 in favour of appellants, appellants shall be free to seek said amount by moving appropriate application in this regard. 7. Accordingly, reworked compensation is as under :- Income Rs.4,591/- per month Rs.4,600/- per month (rounded off) Future Prospects 30% (4600+1377) Rs.5,977/- Deduction 1/4th (5977-1494) Rs.4,483/- Multiplier 13 13 Total loss of dependency Rs.4,483x12x13 Rs.6,99,348/- Loss of Estate Rs. 15,000/- Funeral Expenses Rs.15,000/- Loss of Spousal consortium to claimant No.1 Rs.40,000/- Loss of parental consortium to claimant Nos. 2,3,4&5 Rs.40,000x4 Rs.1,60,000/- Loss of filial consortium to claimant No.4 Rs. 40,000/- Total Compensation awarded in appeal Rs.9,69,348/- Total Compensation awarded by the Tribunal Rs.5,50,000/- Enhanced amount of compensation Rs.9,69,348/- (awarded in appeal) – Rs.5,50,000/- (awarded by the Tribunal) Rs.4,19,348/- RAVINDER DHANIA 2026.07.17 14:59 I attest to the accuracy and integrity of this document FAO-1663-2000 -5- 8. Appellants/claimants shall be entitled to enhanced compensation along with 7.5% interest from the date of filing of claim petition till realization of entire amount except under the conventional heads i.e. loss of consortium, funeral expenses, loss of estate. Under these heads interest shall be payable from August 2017 onwards. Apportionment and liability to pay compensation shall be as per award. 9. Appeal is accordingly allowed. 10. Pending application(s), if any, is/are disposed of accordingly. (PARMOD GOYAL) 14.07.2026 JUDGE Ravinder Whether Speaking/Reasoned : Yes/No Whether Reportable : Yes/No RAVINDER DHANIA 2026.07.17 14:59 I attest to the accuracy and integrity of this document