IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 261 FAO-2706-2002 (O&M) Date of decision:06.07.2026 SMT. SUKHWANT KAUR AND OTHERS ...APPELLANTS VERSUS KULWANT AND ANOTHER ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE PARMOD GOYAL Present: Mr. Ashit Malik, Advocate for appellants. Mr. Pradeep Goyal, Advocate for respondent No.2-Insurance Company. *** PARMOD GOYAL, J. (ORAL) Present appeal has been preferred by the appellants-claimants who are wife and two minor sons of Paramjit Singh (hereinafter referred to as the ‘deceased’), who died in motor vehicular accident which took place on 28.11.1999, on account of rash and negligent driving by respondent No.1 while driving truck bearing registration No. UP-12C-3453, being aggrieved by the insufficient compensation of Rs.4,42,000/- awarded vide impugned award dated 08.02.2002, passed by the Motor Accident Claims Tribunal, Panipat (hereinafter referred to as ‘Tribunal’), being not in accordance with their entitlement. 2. Since in present appeal the only issue raised by appellants- claimants is as regards to quantum of compensation, 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 has awarded the following SUNIL CHANDER 2026.07.09 14:27 I attest to the accuracy and integrity of this document FAO-2706-2002 (O&M) -2- compensation: Income Rs.3,000/- per month Deduction 1/3rd Multiplier 18 Loss of dependency Rs.4,32,000/- Funeral expenses Rs.10,000/- Total compensation awarded Rs.4,42,000 /- 4. Appellants-claimants had claimed that deceased was earning Rs. 70,000/- per month by working as an agriculturalist and also having business of dairy and poultry farm. It is also claimed that the deceased had taken 21 and seven acres of agricultural land on lease. In order to prove income of deceased PW-3 wife of deceased was examined. It has been stated by PW-3 that the deceased was doing agricultural work and was running poultry and dairy farm. However, PW-2 except for making oral assertions that deceased was working as an agriculturist and earning Rs.70,000/- as income had not brought any documentary evidence to show income and vocation of deceased. From evidence of appellants-claimants, only conclusion which could be drawn is that deceased was an agriculturalist and running a poultry and dairy farm by vocation. No evidence was led to show that deceased was owner of land or had taken it on lease. In absence of any evidence supporting oral claim that deceased was earning Rs.70,000/- per month income of deceased is taken as Rs.5,000/- per month. 5. Learned Counsel for the appellants-claimants has asserted that no addition has been made towards future prospects which ought to be added to the extent of 25% in terms of judgment of Hon’ble Supreme Court in National Insurance Company Ltd. Vs. Pranay Sethi and Ors., 2017 (16) SUNIL CHANDER 2026.07.09 14:27 I attest to the accuracy and integrity of this document FAO-2706-2002 (O&M) -3- SCC 680 and deduction of 1/3rdis required to be made towards personal expenses of deceased as deceased is survived by wife and two minor children. Appropriate amount of compensation needs to be granted under the head funeral expenses, loss of estate and loss of parental consortium in accordance with law laid down by Hon’ble Supreme Court. 6. In the present case income of the deceased is taken as Rs.5,000/- per month taking deceased to be an agriculturalist. Since the deceased was aged about 42 years accordingly multiplier of ‘14’ would be applicable while determining loss of dependency. Keeping in view age of the deceased, 25% towards future prospects ought to be added to the income of the deceased in view of judgment of Hon’ble Supreme Court in National Insurance Company Ltd. Vs. Pranay Sethi & Ors. (supra). Since the deceased is survived by three dependents i.e wife and two minor children, 1/3rddeductions towards personal expenses needs to be made. Appellant- claimant No.1 shall also be entitled to compensation for loss of spousal consortium @ Rs.15,000/- and appellants-claimants No.2 and 3 shall be entitled to compensation for loss of parental consortium @ Rs.15,000/- each. Appellants-claimants shall also be entitled to Rs.7,500/- towards funeral expenses and Rs.7,500/- 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 :- SUNIL CHANDER 2026.07.09 14:27 I attest to the accuracy and integrity of this document FAO-2706-2002 (O&M) -4- Income Rs. 5,000/- per month Rs.5,000/- per month Future Prospects 25% (5000+1250) Rs.6,250/- Deduction 1/3rd (6250-2083) Rs.4,167/- Multiplier 14 14 Total loss of dependency Rs.4,167x12x14 Rs.7,00,056/- Loss of Estate Rs. 7,500/- Funeral Expenses Rs. 7,500/- Loss of spousal consortium to claimant No.1 Rs.15,000/- Loss of parental consortium to claimant Nos. 2 & 3 Rs.15,000x2 Rs.30,000/- Total compensation awarded in appeal Rs.7,60,056/- Total compensation awarded by the Tribunal Rs.4,42,000 /- Enhanced amount of compensation Rs.7,60,056/- (awarded in appeal) – Rs.4,42,000/- (awarded by the Tribunal) Rs.3,18,056/- 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. Apportionment and liability to pay SUNIL CHANDER 2026.07.09 14:27 I attest to the accuracy and integrity of this document FAO-2706-2002 (O&M) -5- compensation shall be as per award. 9. Present appeal is allowed in above terms. 10. 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 14:27 I attest to the accuracy and integrity of this document