-1- 236 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-2632-2001 Date of Decision: 14.07.2026 JAGWATI AND OTHERS ....Appellants Versus RANVIR AND OTHERS ...Respondents CORAM: HON'BLE MR. JUSTICE PARMOD GOYAL Present: Mr. Chirag Kundu, Advocate for the appellants. Mr. Vinod Gupta, Advocate for the respondent No.3-Insurance company. PARMOD GOYAL, J. (ORAL) Present appeal has been preferred by the appellants-claimants who are wife, 4 children and parents of Harbir (hereinafter referred to as the ‘deceased’), who died in motor vehicular accident which took place on 27.06.1998, on account of rash and negligent driving by respondent driver while driving car bearing registration No. HR-30A-4548, being aggrieved by the insufficient compensation of Rs.1,52,200/- awarded vide impugned award dated 05.03.2001, passed by the Motor Accident Claims Tribunal, Faridabad (hereinafter referred to as ‘Tribunal’). 2. Since in present appeal the only issue raised by appellants- claimants is as regards to quantum of compensation and no appeal or cross- objection has been preferred by any of the respondents, therefore, the detailed facts as regards to manner of accident are not being noticed herein for the sake of brevity. 3. In present case, learned Tribunal had awarded the following RAVINDER DHANIA 2026.07.17 15:16 I attest to the accuracy and integrity of this document FAO-2632-2001 -2- compensation: Income Rs.1,800/- per month Deduction 1/3rd Multiplier 8 Loss of dependency Rs.1,15,200/- Total compensation awarded Rs.1,15,200/- 4. It is the claim of the appellants-claimants that the deceased was earning Rs.15,000/- per month by doing agricultural work as well as while working with BATA company. To prove income and vocation of deceased, Tajender son of deceased appeared as PW-1 and Jagwati wife of deceased as PW-3. In their oral testimony, both the witnesses have reiterated income and vocation of deceased as was stated in claim petition. However, except for oral self-serving assertions, no material was placed on record to show that deceased was owner of any agricultural land or was cultivating the same or the same was taken on lease. That no one from alleged employer of deceased i.e. BATA company was examined to prove employment and income of deceased. There is no material available on record that deceased was doing any agricultural work or was working with BATA company as was alleged by appellants-claimants. Accordingly, learned Tribunal has taken deceased to be an unskilled worker and has assessed his income by applying minimum wages payable at the time of death to be Rs.1,800/- per month. 5. On consideration, I do not find any error in the conclusion drawn by learned Tribunal. The accident had taken place in year 1998. Income taken by learned Tribunal is nearly equivalent to the minimum wages applicable in year 1998. Therefore, income of deceased is taken by learned Tribunal is upheld. However, I find that learned Tribunal while determining loss of dependency had not added future prospects which ought RAVINDER DHANIA 2026.07.17 15:16 I attest to the accuracy and integrity of this document FAO-2632-2001 -3- to have been added in view of National Insurance Company Ltd. Vs. Pranay Sethi & Ors. 2017 (16) SCC 680. 6. Appellants-claimants are entitled to addition of 25% towards future prospects of income towards future prospects keeping in view age of deceased to be 45 years at the time of accident. Similarly, multiplier of ‘14’ would be applicable in view of the judgment of Sarla Verma & Ors Vs. Delhi transport corporation, 2009 (6) SCC 121. Deceased is survived by seven dependents wife, children and parents, accordingly, deduction of 1/5th towards personal expenses needs to be made. Appellant-claimant No.1 shall also be entitled to compensation for loss of spousal consortium @ Rs.40,000/-, appellants-claimants No.3, 4. 5 & 6 shall be entitled to loss of parental consortium @ Rs.40,000/- each and appellant-claimant No. 7 & 8 shall be entitled to compensation @ Rs.40,000/- towards loss of 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-claimants, appellants-claimants shall be free to seek said amount by moving appropriate application in this regard. 7. Accordingly, reworked compensation is as under :- Income Rs.1,800/- per month Rs.1,800/- per month Future Prospects 40% (1800+720) Rs.2,520/- RAVINDER DHANIA 2026.07.17 15:16 I attest to the accuracy and integrity of this document FAO-2632-2001 -4- Deduction 1/5th (2520-504) Rs.2,016/- Multiplier 14 14 Total loss of dependency Rs.2,016x12x14 Rs.3,38,688/- 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 & 6 Rs.40,000x4 Rs.1,60,000/- Loss of filial consortium to claimant No. 7 & 8 Rs.40,000x2 Rs. 80,000/- Total Compensation awarded in appeal Rs.6,48,688/- Total Compensation awarded by the Tribunal Rs.1,15,200/- Enhanced amount of compensation Rs.6,48,688/- (awarded in appeal) – Rs.1,15,200/- (awarded by the Tribunal) Rs.5,33,488/- 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). For compensation under conventional heads interest shall be payable from August 2017 onwards till realization. Apportionment and liability to pay compensation shall be as per award. 9. Appeal is accordingly allowed. RAVINDER DHANIA 2026.07.17 15:16 I attest to the accuracy and integrity of this document FAO-2632-2001 -5- 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 15:16 I attest to the accuracy and integrity of this document