IN THE HIGH COURT OF PUNJAB AND HARYANA 207 PRABHJOT SINGH TARA SINGH CORAM: HON’BLE MR. JUSTICE AMARINDER SINGH GREWAL Present: Mr. Sahil Soi, Advocate, for the appellants. Mr. G. S. Dhaliwal, Advocate, for the respondent. **** AMARINDER SINGH GREWAL, J. 1. The present appeal has been filed by the appellants seeking enhancement of the compensation awarded by the learned Motor Accident Claims dated 05.01.2002, whereby a sum of death of Saravjit Singh, father of the appellant No.1, in the motor vehicular accident dated 15.02.1998, due to rash No.1. 2. Learned counsel for the appellants learned Tribunal gravely erred in assessing the monthly income of the 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 22.05.2026 Pronounced on: Uploaded on: PRABHJOT SINGH AND OTHERS Versus TARA SINGH AND ANOTHER HON’BLE MR. JUSTICE AMARINDER SINGH GREWAL **** Mr. Sahil Soi, Advocate, for the appellants. Mr. G. S. Dhaliwal, Advocate, for the respondent. **** AMARINDER SINGH GREWAL, J. The present appeal has been filed by the appellants seeking enhancement of the compensation awarded by the learned Motor Accident Claims Tribunal, Kapurthala (hereinafter “ dated 05.01.2002, whereby a sum of ₹3,97,000/ death of Saravjit Singh, father of the appellant No.1, in the motor vehicular accident dated 15.02.1998, due to rash and negligent driving of respondent Learned counsel for the appellants learned Tribunal gravely erred in assessing the monthly income of the IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-3003-2002 Reserved on: 22.05.2026 Pronounced on: 29.05.2026 Uploaded on:29.05.2026 ……Appellants ……Respondents HON’BLE MR. JUSTICE AMARINDER SINGH GREWAL The present appeal has been filed by the appellants–claimants seeking enhancement of the compensation awarded by the learned Motor Tribunal, Kapurthala (hereinafter “the Tribunal”), vide award 3,97,000/- was granted on account of the death of Saravjit Singh, father of the appellant No.1, in the motor vehicular and negligent driving of respondent Learned counsel for the appellants-claimants contended that the learned Tribunal gravely erred in assessing the monthly income of the claimants seeking enhancement of the compensation awarded by the learned Motor ”), vide award was granted on account of the death of Saravjit Singh, father of the appellant No.1, in the motor vehicular and negligent driving of respondent claimants contended that the learned Tribunal gravely erred in assessing the monthly income of the ANIL KUMAR 2026.05.29 14:52 I attest to the accuracy and integrity of this document deceased-Saravjit Singh at a meagre sum of Rs.4,500/ documentary and oral evidence on record establishing that the deceased was employed in Italy as a Golf Gardener/Housekeeper and was earning approximately Rs.30,000/ as duly proved through Exs. A2 to A5, permit and the testimony of PW was led by the respondents the income of the deceased deserved to be reassessed in accordance with the evidence available on record. Furthermore it was submitted that the learned Tribunal wrongly applied the multiplier of 13 instead of 14 applicable to the age group of 41-45 years in terms of the law laid down in Transport Corporation (2009) 6 SCC 121 towards future prospects, though the deceased being aged 44 years was entitled to an addition of 25% in view of Company Limited v. Pranay Sethi (2017) 16 SCC 680 contended that no compensation was awarded under the conventional heads such as loss of consortium, funeral expenses and loss of estate and, the compensation awarded by the learned Tribunal was wholly inadequate and liable to be suitably enhanced along with interest on the enhanced amount from the date of filing of the claim petition. 3. Per contra, award passed by the learned Tribunal does not suffer from any irregularity or infirmity, and that the findings recorded therein are well 2 Saravjit Singh at a meagre sum of Rs.4,500/ documentary and oral evidence on record establishing that the deceased was employed in Italy as a Golf Gardener/Housekeeper and was earning approximately Rs.30,000/- per month from an income of 10,00,000 Italian Lira, as duly proved through Exs. A2 to A5, bank and post office passbooks, work permit and the testimony of PW-6. It was further contended that no evidence was led by the respondents to contradict the aforesaid evidence the income of the deceased deserved to be reassessed in accordance with the evidence available on record. Furthermore it was submitted that the learned Tribunal wrongly applied the multiplier of 13 instead of 14 applicable to the age 45 years in terms of the law laid down in Transport Corporation (2009) 6 SCC 121and also failed to award any amount towards future prospects, though the deceased being aged 44 years was entitled to an addition of 25% in view of the judgment rendered in Company Limited v. Pranay Sethi (2017) 16 SCC 680 contended that no compensation was awarded under the conventional heads such as loss of consortium, funeral expenses and loss of estate and, the compensation awarded by the learned Tribunal was wholly inadequate and liable to be suitably enhanced along with interest on the enhanced amount from the date of filing of the claim petition. Per contra, learned counsel for respondent No award passed by the learned Tribunal does not suffer from any irregularity or infirmity, and that the findings recorded therein are well Saravjit Singh at a meagre sum of Rs.4,500/-, despite overwhelming documentary and oral evidence on record establishing that the deceased was employed in Italy as a Golf Gardener/Housekeeper and was earning per month from an income of 10,00,000 Italian Lira, bank and post office passbooks, work 6. It was further contended that no evidence to contradict the aforesaid evidence and, therefore, the income of the deceased deserved to be reassessed in accordance with the evidence available on record. Furthermore it was submitted that the learned Tribunal wrongly applied the multiplier of 13 instead of 14 applicable to the age 45 years in terms of the law laid down in Sarla Verma vs Delhi and also failed to award any amount towards future prospects, though the deceased being aged 44 years was entitled the judgment rendered in National Insurance Company Limited v. Pranay Sethi (2017) 16 SCC 680. It was additionally contended that no compensation was awarded under the conventional heads such as loss of consortium, funeral expenses and loss of estate and, therefore, the compensation awarded by the learned Tribunal was wholly inadequate and liable to be suitably enhanced along with interest on the enhanced amount from learned counsel for respondent No.2 submitted that the award passed by the learned Tribunal does not suffer from any irregularity or infirmity, and that the findings recorded therein are well-reasoned on the basis , despite overwhelming documentary and oral evidence on record establishing that the deceased was employed in Italy as a Golf Gardener/Housekeeper and was earning per month from an income of 10,00,000 Italian Lira, bank and post office passbooks, work 6. It was further contended that no evidence and, therefore, the income of the deceased deserved to be reassessed in accordance with the evidence available on record. Furthermore it was submitted that the learned Tribunal wrongly applied the multiplier of 13 instead of 14 applicable to the age Sarla Verma vs Delhi and also failed to award any amount towards future prospects, though the deceased being aged 44 years was entitled National Insurance . It was additionally contended that no compensation was awarded under the conventional heads therefore, the compensation awarded by the learned Tribunal was wholly inadequate and liable to be suitably enhanced along with interest on the enhanced amount from .2 submitted that the award passed by the learned Tribunal does not suffer from any irregularity or reasoned on the basis ANIL KUMAR 2026.05.29 14:52 I attest to the accuracy and integrity of this document of the material available before the learned Tribunal. It was accordingly contended that no ground is made out for interference in the appeal. 4. I have heard learned counsel for the parties and examined the record, with their able assistance. 5. A perusal of the record would show that though the deceased Saravjit Singh was Italian Lire per month, however, the claimants failed to substantiate the said assertion by leading cogent and reliable evidence. The documents Ex.A2 to Ex.A5 relied upon by the claimants do not conclus exact nature of employment of the deceased or his actual income at the time of accident. Further, no employer from Italy was examined and neither any appointment letter, salary certificate, income tax record, remittance proof nor any contemporaneous document evidencing receipt of salary by the deceased immediately prior to the accident was produced on record. Even the oral testimonies led by the claimants were not free from contradictions with regard to the alleged earnings of the Indian rupees. The learned Tribunal has rightly noticed that the witnesses examined by the claimants were not possessed of any direct documentary basis to depose regarding the precise monthly income of the because the deceased was residing abroad cannot ipso facto lead to an inference that he was earning the amount as projected by the claimants, particularly in absence of primary and trustworthy evidence in support thereof. Furthermore, the documents relied upon by the appellants pertain to a period prior to the 3 of the material available before the learned Tribunal. It was accordingly ontended that no ground is made out for interference in the appeal. I have heard learned counsel for the parties and examined the record, with their able assistance. A perusal of the record would show that though the deceased Saravjit Singh was alleged to be employed in Italy and earning 10,00,000 Italian Lire per month, however, the claimants failed to substantiate the said assertion by leading cogent and reliable evidence. The documents Ex.A2 to Ex.A5 relied upon by the claimants do not conclus exact nature of employment of the deceased or his actual income at the time of accident. Further, no employer from Italy was examined and neither any appointment letter, salary certificate, income tax record, remittance proof nor any contemporaneous document evidencing receipt of salary by the deceased immediately prior to the accident was produced on record. Even the oral testimonies led by the claimants were not free from contradictions with regard to the alleged earnings of the deceased and conversion of Italian currency into Indian rupees. The learned Tribunal has rightly noticed that the witnesses examined by the claimants were not possessed of any direct documentary basis to depose regarding the precise monthly income of the because the deceased was residing abroad cannot ipso facto lead to an inference that he was earning the amount as projected by the claimants, particularly in absence of primary and trustworthy evidence in support thereof. Furthermore, documents relied upon by the appellants pertain to a period prior to the of the material available before the learned Tribunal. It was accordingly ontended that no ground is made out for interference in the appeal. I have heard learned counsel for the parties and examined the A perusal of the record would show that though the deceased- alleged to be employed in Italy and earning 10,00,000 Italian Lire per month, however, the claimants failed to substantiate the said assertion by leading cogent and reliable evidence. The documents Ex.A2 to Ex.A5 relied upon by the claimants do not conclusively establish either the exact nature of employment of the deceased or his actual income at the time of accident. Further, no employer from Italy was examined and neither any appointment letter, salary certificate, income tax record, remittance proof nor any contemporaneous document evidencing receipt of salary by the deceased immediately prior to the accident was produced on record. Even the oral testimonies led by the claimants were not free from contradictions with regard deceased and conversion of Italian currency into Indian rupees. The learned Tribunal has rightly noticed that the witnesses examined by the claimants were not possessed of any direct documentary basis to depose regarding the precise monthly income of the deceased. Merely because the deceased was residing abroad cannot ipso facto lead to an inference that he was earning the amount as projected by the claimants, particularly in absence of primary and trustworthy evidence in support thereof. Furthermore, documents relied upon by the appellants pertain to a period prior to the of the material available before the learned Tribunal. It was accordingly I have heard learned counsel for the parties and examined the - alleged to be employed in Italy and earning 10,00,000 Italian Lire per month, however, the claimants failed to substantiate the said assertion by leading cogent and reliable evidence. The documents Ex.A2 to ively establish either the exact nature of employment of the deceased or his actual income at the time of accident. Further, no employer from Italy was examined and neither any appointment letter, salary certificate, income tax record, remittance proof nor any contemporaneous document evidencing receipt of salary by the deceased immediately prior to the accident was produced on record. Even the oral testimonies led by the claimants were not free from contradictions with regard deceased and conversion of Italian currency into Indian rupees. The learned Tribunal has rightly noticed that the witnesses examined by the claimants were not possessed of any direct documentary basis deceased. Merely because the deceased was residing abroad cannot ipso facto lead to an inference that he was earning the amount as projected by the claimants, particularly in absence of primary and trustworthy evidence in support thereof. Furthermore, documents relied upon by the appellants pertain to a period prior to the ANIL KUMAR 2026.05.29 14:52 I attest to the accuracy and integrity of this document occurrence in question and do not establish continuity of employment or earnings as on the date of accident. Thus, the reliance sought to be placed upon the alleged currency conversio documents Ex.A2 to Ex.A5 is wholly misconceived. 6. In such circumstances, the learned Tribunal rightly proceeded to assess the income of the deceased on a reasonable basis keeping in view the attending facts and circumstances of the case. The accident in question pertains to the year 1998 and, in the absence of satisfactory and reliable proof regarding the alleged foreign income, the assessment of monthly income of the deceased at Rs.4,500/- cannot be said t by this Court. The finding recorded by the learned Tribunal founded upon proper appreciation of the oral as well as documentary evidence available on record and does not suffer from any 7. Whereas respect to the age and income of the deceased are affirmed learned Tribunal has erred in law in awarding compensation on the lower side, inasmuch as it has not awarded any amount towards future prospects, and compensation under the consortium heads has also not been granted in accordance with the settled principles of law. Furthermore, the deduction towards personal expenses is liable to be modifi dependents. Consequently, the quantum of compensation deserves to be reassessed in the light of the settled principles governing motor accident claims. 4 occurrence in question and do not establish continuity of employment or earnings as on the date of accident. Thus, the reliance sought to be placed upon the alleged currency conversion calculations and the entries contained in the documents Ex.A2 to Ex.A5 is wholly misconceived. In such circumstances, the learned Tribunal rightly proceeded to assess the income of the deceased on a reasonable basis keeping in view the s and circumstances of the case. The accident in question pertains to the year 1998 and, in the absence of satisfactory and reliable proof regarding the alleged foreign income, the assessment of monthly income of the deceased cannot be said to be on the lower side so as to warrant interference by this Court. The finding recorded by the learned Tribunal founded upon proper appreciation of the oral as well as documentary evidence available on record and does not suffer from any Whereas, the findings recorded by the learned Tribunal with respect to the age and income of the deceased are affirmed learned Tribunal has erred in law in awarding compensation on the lower side, h as it has not awarded any amount towards future prospects, and compensation under the consortium heads has also not been granted in accordance with the settled principles of law. Furthermore, the deduction towards personal expenses is liable to be modifi dependents. Consequently, the quantum of compensation deserves to be reassessed in the light of the settled principles governing motor accident claims. occurrence in question and do not establish continuity of employment or earnings as on the date of accident. Thus, the reliance sought to be placed upon n calculations and the entries contained in the documents Ex.A2 to Ex.A5 is wholly misconceived. In such circumstances, the learned Tribunal rightly proceeded to assess the income of the deceased on a reasonable basis keeping in view the s and circumstances of the case. The accident in question pertains to the year 1998 and, in the absence of satisfactory and reliable proof regarding the alleged foreign income, the assessment of monthly income of the deceased o be on the lower side so as to warrant interference by this Court. The finding recorded by the learned Tribunal in this regard is founded upon proper appreciation of the oral as well as documentary evidence available on record and does not suffer from any perversity or patent illegality. , the findings recorded by the learned Tribunal with respect to the age and income of the deceased are affirmed. However, the learned Tribunal has erred in law in awarding compensation on the lower side, h as it has not awarded any amount towards future prospects, and compensation under the consortium heads has also not been granted in accordance with the settled principles of law. Furthermore, the deduction towards personal expenses is liable to be modified in view of the number of dependents. Consequently, the quantum of compensation deserves to be reassessed in the light of the settled principles governing motor accident claims. occurrence in question and do not establish continuity of employment or earnings as on the date of accident. Thus, the reliance sought to be placed upon n calculations and the entries contained in the In such circumstances, the learned Tribunal rightly proceeded to assess the income of the deceased on a reasonable basis keeping in view the s and circumstances of the case. The accident in question pertains to the year 1998 and, in the absence of satisfactory and reliable proof regarding the alleged foreign income, the assessment of monthly income of the deceased o be on the lower side so as to warrant interference is founded upon proper appreciation of the oral as well as documentary evidence , the findings recorded by the learned Tribunal with . However, the learned Tribunal has erred in law in awarding compensation on the lower side, h as it has not awarded any amount towards future prospects, and compensation under the consortium heads has also not been granted in accordance with the settled principles of law. Furthermore, the deduction ed in view of the number of dependents. Consequently, the quantum of compensation deserves to be ANIL KUMAR 2026.05.29 14:52 I attest to the accuracy and integrity of this document 8. Therefore, keeping in view the fact that the deceased was 44 years of age at the time of accident and in absence of cogent evidence regarding the alleged foreign income, the monthly income assessed by the learned Tribunal at ₹4,500/- is affirmed. In view Court in National Insurance Company Limited v. Pranay Sethi (2017) 16 SCC 680, 25% is liable to be added towards future prospects, and the appropriate multiplier applicable for the age group is ‘14’, with deducti personal expenses as there are four dependents. Hence, the compensation amounts to ₹7,08,750 / ₹50,625/- × 14 = 9. In addition thereto, the appellants are also entitled to compensation under the conventional heads and each claimant is held entitled to (₹48,400×4 = entitled to ₹18,150/ expenses (escalation @10% every three years as per the law laid down by the Hon’ble Supreme Court in compensation payable to the claimants is computed as + ₹1,93,600/- + 10. The enhanced compensation in the appeal, i.e. (₹9,38,650/- ₹ − the date of filing of the claim petition till its realization, p No.2-Transport Corporation the appeal is allowed in above terms. 5 Therefore, keeping in view the fact that the deceased was 44 years of age at the time of accident and in absence of cogent evidence regarding the alleged foreign income, the monthly income assessed by the learned Tribunal at is affirmed. In view of the law laid down by the Hon’ble Supreme National Insurance Company Limited v. Pranay Sethi (2017) 16 SCC , 25% is liable to be added towards future prospects, and the appropriate multiplier applicable for the age group is ‘14’, with deducti personal expenses as there are four dependents. Hence, the compensation 7,08,750 /- (₹4,500/- + 25% = ₹5,625/ × 14 = ₹7,08,750/-). In addition thereto, the appellants are also entitled to compensation under the conventional heads and each claimant is held entitled to 48,400×4 = ₹193600/-) towards consortium. Further, the claimants are 18,150/- towards loss of estate and expenses (escalation @10% every three years as per the law laid down by the Hon’ble Supreme Court in Pranay Sethi’s case compensation payable to the claimants is computed as + ₹18,150/- + ₹18,150/-). The enhanced compensation in the appeal, i.e. ₹ 3,97,000/-) shall also carry interest @ 7.5% per annum from the date of filing of the claim petition till its realization, p Transport Corporation to the appellants-claimants in equal ratio. Hence, the appeal is allowed in above terms. Therefore, keeping in view the fact that the deceased was 44 years of age at the time of accident and in absence of cogent evidence regarding the alleged foreign income, the monthly income assessed by the learned Tribunal at of the law laid down by the Hon’ble Supreme National Insurance Company Limited v. Pranay Sethi (2017) 16 SCC , 25% is liable to be added towards future prospects, and the appropriate multiplier applicable for the age group is ‘14’, with deduction of 1/4th towards personal expenses as there are four dependents. Hence, the compensation 5,625/- × 12 = ₹67,500/- − 1/4th = In addition thereto, the appellants are also entitled to compensation under the conventional heads and each claimant is held entitled to ₹48,400/- ) towards consortium. Further, the claimants are estate and ₹18,150/- towards funeral expenses (escalation @10% every three years as per the law laid down by the Pranay Sethi’s case (supra)). Accordingly, the total compensation payable to the claimants is computed as ₹9,38,650/- (₹7,08,750/- The enhanced compensation in the appeal, i.e. ₹5,41,650/- ) shall also carry interest @ 7.5% per annum from the date of filing of the claim petition till its realization, payable by respondent claimants in equal ratio. Hence, Therefore, keeping in view the fact that the deceased was 44 years of age at the time of accident and in absence of cogent evidence regarding the alleged foreign income, the monthly income assessed by the learned Tribunal at of the law laid down by the Hon’ble Supreme National Insurance Company Limited v. Pranay Sethi (2017) 16 SCC , 25% is liable to be added towards future prospects, and the appropriate on of 1/4th towards personal expenses as there are four dependents. Hence, the compensation 1/4th = In addition thereto, the appellants are also entitled to compensation - ) towards consortium. Further, the claimants are towards funeral expenses (escalation @10% every three years as per the law laid down by the the total - - ) shall also carry interest @ 7.5% per annum from ayable by respondent claimants in equal ratio. Hence, ANIL KUMAR 2026.05.29 14:52 I attest to the accuracy and integrity of this document 11. Pending application(s), if any, shall also stand disposed of. May 29, 2026 anil Whether speaking/reasoned: Whether Reportable: 6 Pending application(s), if any, shall also stand disposed of. (AMARINDER SINGH GREWAL) Whether speaking/reasoned:- Whether Reportable:- Pending application(s), if any, shall also stand disposed of. (AMARINDER SINGH GREWAL) JUDGE Yes/No Yes/No ANIL KUMAR 2026.05.29 14:52 I attest to the accuracy and integrity of this document