FAO No. 2126 of 2 IN THE HIG I. Anuraj Kalia & A Satinder Singh & II. Anuraj Kalia Satinder Singh & III. Sarita Kalia Satinder Singh & IV. Vikas Kalia Satinder Singh & V. Geeta Kalia Satinder Singh & CORAM: HON’BL Present:- Mr. For a 6 of 2003 & other connected cases Page N: 1 of 6 HIGH COURT OF PUNJAB AND HAR FAO No. 2126 of 2003( & Anr. Versus h & Ors. FAO No. 2127 of 2003( Versus h & Ors. FAO No. 2128 of 2003( Versus h & Ors. FAO No. 2129 of 2003( Versus h & Ors. FAO No. 2130 of 2003( Versus gh & Ors. N’BLE MR. JUSTICE DEEPAK GUPTA Mr. A.P. Setia, Advocate For appellants. ses HARYANA AT CHANDIGARH Date of decision: 05.02.2026 03(O&M) …Appellant …Respondent 03(O&M) …Appellan …Respondent 03(O&M) …Appellan …Respondent 03(O&M) …Appellan …Respondent 03(O&M) …Appellan …Respondent PTA 026 llants ents llant ents llant ents llant ents llant ents JITEN SHARMA 2026.02.06 15:58 I attest to the accuracy and integrity of this document FAO No. 2126 of 2 Mr. Mr. For r Mr. Mr. For r Mr. Resp DEEPAK GUPTA, All t 11.11.2002 passe whereby five cla Vehicles Act, 19 decided together 2. As t with Sarita Kalia, Vikas Prabhakar, No. DL-9C-1796 reached near Gir A truck bearing r car. At that mo respondent No.1 a rash and neglig of the impact, th truck. Due to the  Vikas Prab injuries.  The remai and Vikas Nilokheri H 6 of 2003 & other connected cases Page N: 2 of 6 Mr. Vipul Sharma, Advocate for Mr. Paul S. Saini, Advocate For respondent No.3. Mr. Rishav Jain, Advocate and Mr. Shivaly Singla, Advocate For respondent No.5. Mr. Gopal Mittal, Advocate for Respondent No.6 National Insurance *** TA, J. All the present 5 appeals arise o assed by the learned Motor Accid e claim petitions, all instituted un , 1988, arising out of the same m ther. As the perusal of record reveal, on alia, Geeta Kalia, Vikas Kalia, a six- kar, was travelling from Delhi to Am 96, which was being driven by Anu Girbari, District Kurukshetra, it cam ng registration No. HR-03-6197was moment, a bus bearing registra o.1 Satinder Singh, came from the egligent manner, and rammed into t, the car was pushed forward and the injuries sustained in the acciden Prabhakar and Aakrati Kalia (aged maining occupants, namely Anura ikas Kalia, sustained multiple injur eri Hospital and thereafter referred ses ance Company. se out of a common award dated ccident Claims Tribunal, Faridabad under Section 166 of the Moto e motor vehicular accident, wer on 11.10.1997, Anuraj Kalia, alon -month-old child Aakrati Kalia, and o Ambala in car bearing registration Anuraj Kalia himself. When the ca t came to a halt due to a traffic jam was standing stationary ahead of the istration No.DL-1P-3703, driven b the Delhi side at a high speed and in into the car from behind. As a resul and went underneath the stationar cident: ed six months) succumbed to thei uraj Kalia, Sarita Kalia, Geeta Kali injuries and were initially taken to red to Karnal for further treatment. ated bad, otor were along , and ation e car jam. f the n by nd in esult nary their Kalia n to ent. JITEN SHARMA 2026.02.06 15:58 I attest to the accuracy and integrity of this document FAO No. 2126 of 2 3. Five Anuraj Kalia & G the injured claim representatives o 4. The as respondents N were impleaded 5. Vide held that the acc bus; and that Different amou Consequently, re pay the compens 6. All t quantum of comp FAO No. 2126 of 7. The learned Tribunal towards shock an 8. Lear awarded is wh precedents, whe has been assesse down under the S 9. Thou months, the Supr be illusory, and n Second Schedule applicable, can sa 6 of 2003 & other connected cases Page N: 3 of 6 Five claim petitions were filed se Geeta Kalia, parents of deceased laimants. There is nothing on reco ves of deceased Vikas Prabhakar file The driver, owner and insurer of th nts No.1 to 3, whereas the driver, ded as respondents No.4 to 6. Vide the common award dated 11 accident occurred due to the sole at there was no negligence attrib mounts of compensation were respondents No.1 to 3 were hel pensation along with interest. All the present appeals have been ompensation, and not on the issue 6 of 2003 (Death of child Aakrati Ka The deceased child was six months unal has awarded ₹50,000/- under k and mental agony, making a total Learned counsel for the appellants c wholly inadequate. Reliance ha where even in the case of children b essed, keeping in view the future p the Second Schedule to the Act. Though it is not possible to assess th Supreme Court has consistently hel nd notional income must be adopte dule to Section 163-A of the Motor an safely be used as a guideline. ses d seeking compensation - one b ased child Aakrati Kalia; and four b ecord to indicate whether the lega filed any claim petition. f the offending bus were impleaded ver, owner and insurer of the truc d 11.11.2002, the learned Tribuna ole rash and negligent driving of th ttributable to the stationary truck ere awarded to the claimant held jointly and severally liable been filed only on the question o sue of negligence or liability. ti Kalia)
ths old at the time of accident. The der no-fault liability, and ₹10,000/ otal of ₹60,000/-. nts contends that the compensation has been placed upon judicia en below one year, notional incom re prospects and the principles laid ss the actual income of a child of si held that just compensation canno opted to avoid arbitrary figures. The otor Vehicle Act, though not strictl e by ur by legal aded truck unal f the ruck. ant. to n of . The 000/- ation dicial ome s laid of six nnot . The ictly JITEN SHARMA 2026.02.06 15:58 I attest to the accuracy and integrity of this document FAO No. 2126 of 2 10. As s occurred in the compensation fo income at ₹15,0 compensation un 11. In ad funeral expenses 12. Thus deducting ₹60,00 entitled to enhan FAO No. 2127 of 13. The other parts of th though he claime a lump sum of ₹ 14. Even suffered pain, in merely token. A entitling the appe FAO No. 2128 of 15. The 16.10.1997. Med awarded only ₹1 16. Cons suffering underg towards pain, su above the amoun 6 of 2003 & other connected cases Page N: 4 of 6 As such, considering the age of the year 1997, and judicial prece n for minors, this Court deems it ap 15,000/- per annum, and by app n under the head of loss of depende In addition to above, the appellants nses, and ₹10,000/- each towards lo Thus, the total just compensation 0,000/- already awarded by the T hanced compensation of ₹1,90,000 7 of 2003 (Injury to Anuraj Kalia)
The appellant sustained simple inju f the body. He was not hospitalized aimed to have spent ₹10,000/- on t ₹3,000/-. Even though the injuries were sim n, inconvenience and mental traum n. Accordingly, total compensatio appellant to an enhancement of ₹7, 8 of 2003 (Injury to Sarita Kalia)
The appellant remained hospi Medical bills amounting to ₹32,57 ₹1,000/- towards pain and sufferin Considering the duration of ho dergone, the appellant is held ent , suffering, attendant charges and ount already awarded. ses of the child, the accident havin recedents governing assessment o it appropriate to assess the notiona applying the multiplier of 15, th endency works out to ₹2,25,000/-. ants are entitled to ₹5,000/- toward loss of filial consortium. ation comes to ₹2,50,000/-. Afte e Tribunal, the appellants are held ,000/-.
injuries on the forehead, chest and lized and produced no medical bills on treatment. The Tribunal awarded e simple, the appellant must have rauma. Compensation must not be sation is reassessed at ₹10,000/ ₹7,000/-. ospitalized from 11.10.1997 to 2,576/- were proved. The Tribuna fering, which is grossly inadequate. hospitalization and the physica entitled to ₹30,000/- as lump sum and incidental expenses, over and aving nt of ional , the . ards After held t and bills, rded have t be 00/-, to unal te. ysical sum and JITEN SHARMA 2026.02.06 15:58 I attest to the accuracy and integrity of this document FAO No. 2126 of 2 FAO No. 2129 of 17. The medical expense suffering. 18. App appellant is held pain, suffering an FAO No. 2130 of 19. The 29.10.1997, i.e. f 20. Thou hospitalization a about six months 21. The ₹5,000/- towards 22. Havi prolonged recove ₹1,50,000/- in lum Final Order 22. Cons below: FAO No. 2126 of 2003 2127 of 2003 2128 of 2003 2129 of 2003 2130 of 2003 6 of 2003 & other connected cases Page N: 5 of 6 9 of 2003 (Injury to Vikas Kalia)
The appellant remained hospitali enses of ₹17,920/-. Only ₹1,000 Applying the same reasoning as held entitled to an additional ₹30, g and related expenses. 0 of 2003 (Injury to Geeta Kalia)
The appellant remained hospi i.e. for 19 days, and incurred medica Though no permanent disabil n and uncontroverted testimony t nths cannot be ignored. The Tribunal awarded only ₹2,000/ ards loss of income, which is dispro Having regard to the nature of inju covery, the appellant is held entitle n lump sum. Consequently, all five appeals are Name of Appellant(s) 003 Anuraj Kalia & Geeta Kalia 003 Anuraj Kalia 003 Sarita Kalia 003 Vikas Kalia 003 Geeta Kalia ses italized for six days and proved ,000/- was awarded for pain and as in FAO No.2128 of 2003, the ₹30,000/- as just compensation fo ospitalized from 11.10.1997 to dical expenses of ₹60,834/-. ability was proved, her lon ny that she remained bedridden fo 00/- towards pain and suffering and proportionately low. injuries, duration of treatment and titled to additional compensation o are allowed to the extent indicated Enhanced Compensation alia ₹1,90,000/- ₹7,000/- ₹30,000/- ₹30,000/- ₹1,50,000/- oved and , the n for to long n for and t and on of ated JITEN SHARMA 2026.02.06 15:58 I attest to the accuracy and integrity of this document FAO No. 2126 of 2 23. The by respondents N of filing of the re 24. All t placed on file of e 05.02.2026 Jiten Whe Whe 6 of 2003 & other connected cases Page N: 6 of 6 The enhanced compensation shall nts No.1 to 3, along with interest @ e respective claim petitions till actua All the appeals are disposed of acc of each appeal. hether speaking/reasoned : Yes/No hether reportable : Yes/No ses hall be payable jointly and severall st @ 7.5% per annum from the dat ctual realization. f accordingly. Copy of this order be (DEEPAK GUPTA) JUDGE erally date er be JITEN SHARMA 2026.02.06 15:58 I attest to the accuracy and integrity of this document