-1- 304 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-624-2003 Date of Decision: 13.07.2026 DEEPO RANI AND ORS. ....Appellants Versus SURJIT SINGH AND OTHERS ...Respondents FAO-623-2003 LABHU DEVI AND ORS. ....Appellants Versus SURJIT SINGH AND OTHERS ...Respondents CORAM: HON'BLE MR. JUSTICE PARMOD GOYAL Present: Mr. Dhruv Singh, Advocate & Ms. Tejaswini, Advocate for the appellants (in both appeals). Mr. Harsh Aggarwal, Advocate for respondent No.4-Insurance company. PARMOD GOYAL, J. (ORAL) Appellants-claimants have filed two appeals which are being taken up together as both the claim petitions preferred by the appellants- claimants were decided by common impugned award dated 06.11.2002, passed by learned Motor Accident Claims Tribunal, Panchkula (hereinafter referred to as ‘Tribunal’). Appellants-claimants in FAO No.624-2003 being the wife and three children of deceased Jaswant Singh are aggrieved by the grant of compensation of Rs.2,50,000/- by Tribunal and have sought enhancement of compensation. Appellants-claimants in FAO No.623-2003 RAVINDER DHANIA 2026.07.17 14:59 I attest to the accuracy and integrity of this document FAO-624-2003 FAO-623-2003 -2- being the wife, two children and mother of deceased Sukhpal Singh are aggrieved by the grant of compensation of Rs.2,50,000/- by Tribunal and have sought enhancement of compensation. 2. Deceased Jaswant Singh and Sukhpal Singh (hereinafter referred to as “deceased”) had died in motor vehicular accident which took place on 29.09.1999 on account of rash and negligent driving by respondent No.1 while driving truck bearing registration No. HR37-7852. 3. Since in present appeal the only issue raised by appellants- claimants is as regards to quantum of compensation and there is no appeal or cross-objection preferred by respondents to challenge manner of accident, the detailed facts as regards to manner of accident are not being noticed for the sake of brevity. 4. Appellants-claimants have sought enhanced compensation. On the other hand, learned counsel for respondents has argued that sufficient amount has already been given as compensation in both the cases and there is no scope of any enhancement. In FAO No.623-2003 5. The Tribunal in the present case had awarded the following compensation in the claim petition filed by the wife, two children and mother of deceased Sukhpal Singh: Income of deceased Rs.2,000/- per month Deduction 1/3rd Multiplier 17 Loss of dependency Rs.2,40,000/- Funeral expenses Rs.10,000/- RAVINDER DHANIA 2026.07.17 14:59 I attest to the accuracy and integrity of this document FAO-624-2003 FAO-623-2003 -3- Total compensation awarded Rs.2,50,000/- 6. Learned counsel for appellants-claimants has sought enhancement in compensation on following grounds that:- • Future prospects were not added while determining loss of dependency. Future prospects to the extent 40% of monthly income needs to be added as the deceased was 35 years of age at the time of accident. • Deduction of 1/4th is required to be made towards personal expenses of deceased as deceased is survived by wife, two children and mother. • Appropriate amount of compensation amount needs to be granted under the head funeral expenses, loss of estate, loss of spousal, filial and parental consortium in accordance with law laid down by Hon’ble Supreme Court. 7. In the present case, it is the claim of the appellant-claimant that the deceased was earning Rs.7,500/- per month by preparing iron nets used in the construction of lintal. Ram Chander PW-4 and Raj Kumar PW- 5 have deposed that the deceased used to earn Rs.8,000/- per month. However, no material has been placed on record to prove the income and vocation of the deceased. In absence of any cogent and reliable evidence to show the income and vocation of the deceased, the income taken by the Tribunal as Rs.2,000/- per month, is upheld. 8. The learned Tribunal had taken income of deceased to be RAVINDER DHANIA 2026.07.17 14:59 I attest to the accuracy and integrity of this document FAO-624-2003 FAO-623-2003 -4- Rs.2,000/- per month. Keeping in view age of the deceased, 40% 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). Deceased was 35 years old, therefore, multiplier of ‘16’ would be applicable. Since the deceased is survived by four dependents i.e wife, two children and mother, 1/4th deductions towards personal expenses needs to be made. Accordingly, appellant-claimant No.1 shall also be entitled to compensation for loss of spousal consortium @ Rs.40,000/-, appellants-claimants No.2 and 3 shall be entitled to compensation for loss of parental consortium @ Rs.40,000/- each and appellant-claimant No.4 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, appellants shall be free to seek said amount by moving appropriate application in this regard. 9. Accordingly, reworked compensation is as under :- Income Rs. 2,000/- per month Rs 2,000/- per month Future Prospects 40% (2000+800) Rs.2,800/- Deduction 1/4th (2800-700) Rs.2,100/- Multiplier 16 16 Total loss of Rs.2,100x12x16 Rs.4,03,200/- RAVINDER DHANIA 2026.07.17 14:59 I attest to the accuracy and integrity of this document FAO-624-2003 FAO-623-2003 -5- dependency 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 Rs.40,000x2 Rs.80,000/- Loss of filial consortium to claimant No.4 Rs. 40,000/- Total Compensation awarded in appeal Rs.5,93,200/- Total Compensation awarded by the Tribunal Rs.2,50,000/- Enhanced amount of compensation Rs.5,93,200/- (awarded in appeal) – Rs.2,50,000/- (awarded by the Tribunal) Rs.3,43,200/- FAO No. 623-2003 10. The Tribunal in the present case had awarded the following compensation in the claim petition filed by the wife and three children of deceased Jaswant Singh: Income of deceased Rs.2,000/- per month Deduction 1/3rd Multiplier 17 Loss of dependency Rs.2,40,000/- Funeral expenses Rs.10,000/- Total compensation awarded Rs.2,50,000/- 11. Learned counsel for appellants-claimants has sought enhancement in compensation on following grounds that:- • Future prospects were not added while determining loss of RAVINDER DHANIA 2026.07.17 14:59 I attest to the accuracy and integrity of this document FAO-624-2003 FAO-623-2003 -6- dependency. Future prospects to the extent 40% of monthly income needs to be added as the deceased was 30 years of age at the time of accident. • Deduction of 1/4th is required to be made towards personal expenses of deceased as deceased is survived by wife and three children. • Appropriate amount of compensation amount needs to be granted under the head funeral expenses, loss of estate, loss of spousal and parental consortium in accordance with law laid down by Hon’ble Supreme Court. 12. In the present case, it is the claim of the appellant-claimant that the deceased was earning about Rs.7,000/- to Rs.7,500/- per month by preparing iron nets used in the construction of lintal. Ram Chander PW-4 and Raj Kumar-PW-5 had deposed that the deceased used to earn Rs.8,000/- per month. However, no material has been placed on record to prove the income and vocation of the deceased. In absence of any cogent and reliable evidence to prove the income and vocation of the deceased, the income taken by the Tribunal, is accordingly upheld. 13. The learned Tribunal had taken income of deceased to be Rs.2,000/- per month as same is as per minimum wages prevalent in year 1999. Keeping in view age of the deceased, 40% towards future prospects needs 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 four dependents i.e wife, two children and mother, 1/4th deductions towards RAVINDER DHANIA 2026.07.17 14:59 I attest to the accuracy and integrity of this document FAO-624-2003 FAO-623-2003 -7- personal expenses needs to be made. Multiplier of ‘17’ would be applicable, keeping in view age of the deceased to be 30 years at the time of accident. Accordingly, appellant-claimant No.1 shall also be entitled to compensation for loss of spousal consortium @ Rs.40,000/-, appellants- claimants No.2, 3 and 4 shall be entitled to compensation for loss of parental consortium @ Rs.40,000/- each. 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. 14. Accordingly, reworked compensation is as under :- Income Rs.2,000/- per month Rs.2,000/- per month Future Prospects 40% (2000+800) Rs.2,800/- Deduction 1/4th (2800-700) Rs.2,100/- Multiplier 17 17 Total loss of dependency Rs.2,100x12x17 Rs.4,28,400/- 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 Rs.40,000x3 Rs.1,20,000/- Total Compensation awarded in appeal Rs.6,18,400/- RAVINDER DHANIA 2026.07.17 14:59 I attest to the accuracy and integrity of this document FAO-624-2003 FAO-623-2003 -8- Total Compensation awarded by the Tribunal Rs.2,50,000/- Enhanced amount of compensation Rs.6,18,400/- (awarded in appeal) – Rs.2,50,000/- (awarded by the Tribunal) Rs.3,68,400/- 15. Appellants/claimants in both appeals 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 these heads interest shall be payable from August 2017 onwards. Apportionment and liability to pay compensation shall be as per award. 16. Both the appeals are allowed in above terms. 17. Pending application(s), if any, is/are disposed of accordingly. (PARMOD GOYAL) 13.07.2026 JUDGE Ravinder Whether Speaking/Reasoned : Yes/No Whether Reportable : Yes/No RAVINDER DHANIA 2026.07.17 14:59 I attest to the accuracy and integrity of this document