IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 237 FAO-1768-2001 (O&M) Date of decision:06.07.2026 HARBHAJAN KAUR AND OTHERS ...APPELLANTS VERSUS NIRANKAR AND OTHERS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE PARMOD GOYAL Present: None for appellants. Ms. Ayushi Jain, Advocate for Mr. Pardeep Goyal, Advocate for respondent No.3-Insurance Company. *** PARMOD GOYAL, J. (ORAL) Present appeal has been preferred by the appellants-claimants who are wife, son and mother of Surjit Singh (hereinafter referred to as the ‘deceased’), who died in motor vehicular accident which took place on 18.09.1998, on account of rash and negligent driving by respondent No.1 while driving truck bearing registration No.HP-10-A-4259, being aggrieved by award of insufficient compensation of Rs.4,40,000/- awarded vide impugned award dated 03.06.2000, passed by the Motor Accident Claims Tribunal, Ropar (hereinafter referred to as ‘Tribunal’), being not in accordance with their entitlement. 2. Learned Tribunal had awarded following compensation to appellants-claimants:- Income Rs.5,578/- per month Deduction 1/3rd Loss of dependency Rs.44,400/- SUNIL CHANDER 2026.07.09 16:58 I attest to the accuracy and integrity of this document FAO-1768-2001 (O&M) -2- Multiplier 10 Total compensation awarded Rs.4,40,000/- 3. Appellants-claimants had claimed that deceased was working in Punjab Agro Industries Corporation, Sector 28 Chandigarh and earning salary of Rs.5,578/- per month. It was further pleaded that in addition to working with Punjab Agro Industries Corporation, deceased was also running a dairy from where he was earning additional amount of Rs.13,000/- per month. In order to prove the vocation and income of deceased, appellants-claimants have examined Gursian Singh, an official from Punjab Agro Industries Corporation as AW-1, who duly produced the records of the Corporation and proved that deceased was working as Fertilizer Clerk while posted at Badali Allah at the time of his death. Salary certificate Ex.A-1 along with revised salary certificate Ex.A-2 were duly placed on record. As per revised salary, deceased was earning Rs.5,578/- per month at the time of his death. However, as far as income of deceased from dairy farming and agriculture is concerned, except for self-serving oral assertions, nothing was placed on record by appellants-claimants to show that deceased was also running a dairy firm, doing agriculture work and earning additional amount of Rs.13,000/- per month. The oral assertions made by appellants-claimants are not supported by any corroborative documentary or any other evidence. No document showing ownership/lease of cattle and agricultural land has been produced by the appellants-claimants. In these circumstances, learned Tribunal has rightly held that deceased was earning Rs.5,578/- per month at the time of his death. However, learned Tribunal has erred in granting SUNIL CHANDER 2026.07.09 16:58 I attest to the accuracy and integrity of this document FAO-1768-2001 (O&M) -3- multiplier of ‘10’ despite noting that deceased was 41 years old at the time of accident. Keeping in view age of deceased, multiplier of ‘14’ ought to have been taken. The deduction of 1/3rd towards personal expenses has rightly been applied by learned Tribunal. Similarly, future prospects have not been taken by learned Tribunal while determining loss of dependency. Since, deceased was 41 years old at the time of accident and was doing regular and permanent job in Punjab Agro Industries Corporation, therefore, addition of future prospects to the extent of 30% in terms of judgment of Hon’ble Supreme Court passed in National Insurance Company Ltd. Vs. Pranay Sethi and Ors., 2017 (16) SCC 680 would be applicable in present case. Appellants-claimants are also entitled to Rs.40,000/- each under the head of loss of spousal, parental and filial consortium. 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. 4. Accordingly, reworked compensation payable to appellants- claimants is as under :- Income Rs.5,578 per month Rs.5,578 per month Future Prospects 30% (5578+1673) Rs.7,251/- Deduction 1/3rd (Rs.7251-2417) Rs.4,834/- Multiplier 14 14 SUNIL CHANDER 2026.07.09 16:58 I attest to the accuracy and integrity of this document FAO-1768-2001 (O&M) -4- Total loss of dependency Rs.4,834X14X12 Rs.8,12,112/- 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 Rs.40,000/- Loss of filial consortium to claimant No.3 Rs.40,000/- Total Compensation awarded by Tribunal Rs.4,40,000/- Total Compensation awarded in appeal Rs.9,62,112/- Enhanced amount of compensation Rs.9,62,112/- (awarded in appeal) – Rs.4,40,000/- (awarded by Tribunal) Rs.5,22,112/- 5. 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 conventional heads interest shall be payable from August 2017 onwards till realization. apportionment and liability to pay compensation shall be as per award. 6. Present appeal is allowed in above terms. 7. Pending application(s), if any, stand disposed of. (PARMOD GOYAL) JUDGE 06.07.2026 Sunil Chander Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SUNIL CHANDER 2026.07.09 16:58 I attest to the accuracy and integrity of this document