IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** I. FAO-1529-2005 Harkewal Jit Singh and Another …..Appellants Vs. Gurjant Singh and Others .….Respondents II. FAO-1530-2005 Harkewal Jit Singh and Another …..Appellants Vs. Gurjant Singh and Others .….Respondents Date of Decision.: 27.04.2026 CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Neeraj Khanna, Advocate for the appellants. Mr. J.S. Cooner, Advocate for respondent No.2. Mr. D.K. Dogra, Advocate for respondent No.3- Insurance Company. **** DEEPAK GUPTA, J. (ORAL) These two appeals arise out of a common award dated 04.01.2005 passed by the learned Motor Accident Claims Tribunal, Ambala (hereina/er referred to as “the Tribunal”), whereby two claim pe33ons filed by the same appellants–claimants, seeking compensa3on on account of the death of their parents, namely Mehar Singh and Mahinder Kaur, were disposed of by awarding a sum of ₹50,000/- each under Sec3on 140 of the Motor Vehicles Act. 2. The undisputed facts emerging from the record are that on NEETIKA TUTEJA 2026.04.28 14:48 I attest to the accuracy and integrity of this document FAO-1529-2005 FAO-1530-2005 08.03.2003, Mehar Singh along with his wife Mahinder Kaur was travelling from Rajpura to Ambala Can< on a scooter driven by Mehar Singh. At about 03:00 PM, near Kingfisher Tourist Complex, Ambala, a bus bearing registra3on No. HR-37-0001, driven by respondent No.1 in a rash and negligent manner, came from the Chandigarh side and struck the scooter while veering towards the extreme le/ side of the road. As a result of the impact, both Mehar Singh and Mahinder Kaur sustained fatal injuries and succumbed thereto. An FIR was duly registered. 3. The appellants, being the major sons of the deceased, ins3tuted two separate claim pe33ons under Sec3on 166 of the Motor Vehicles Act against the driver, owner, and insurer of the offending vehicle. 4. The Tribunal returned a categorical finding that the accident occurred due to the rash and negligent driving of the bus driver. However, while assessing compensa3on, it held that since the claimants were major sons and not dependent upon the income of the deceased, they were not en3tled to compensa3on under the head of loss of dependency. Consequently, a sum of ₹50,000/- each was awarded under Sec3on 140 of the Act. 5. Learned counsel for the appellants has assailed the award on the ground that the Tribunal erred in restric3ng compensa3on merely on the basis that the claimants were not dependent upon the deceased. It is contended that even non-dependent legal representa3ves are en3tled to compensa3on, and the Tribunal was obligated to assess just compensa3on under all permissible heads. Reliance has been placed upon the judgment of the Hon’ble Supreme Court in Naonal Insurance Company Limited vs. Birender and Others, (2020) 11 SCC 356, wherein it has been held that legal representa3ves, even if not dependent, are en3tled to maintain a claim pe33on and are not confined merely to conven3onal heads of compensa3on. Page No. 2 of 5 Pages NEETIKA TUTEJA 2026.04.28 14:48 I attest to the accuracy and integrity of this document FAO-1529-2005 FAO-1530-2005 6. Learned counsel for the insurance company has not been able to controvert the aforesaid legal posi3on. 7. Thus, the primary issue that arises for considera3on is as to whether the claimants, being major sons and not financially dependent upon the deceased, are en3tled to compensa3on beyond the amount awarded under Sec3on 140 of the Motor Vehicles Act? 8. The issue is no longer res integra. The Hon’ble Supreme Court in Birender’s case (supra) has categorically held that the expression “legal representa3ve” under Sec3on 166 of the Motor Vehicles Act has a wider connota3on and is not restricted to dependents alone. The Tribunal is duty- bound to award “just compensa3on” irrespec3ve of dependency. 9. Thus, the reasoning adopted by the Tribunal in limi3ng compensa3on solely on the ground of absence of dependency is legally unsustainable and contrary to se<led law. 10. Further, once negligence and involvement of the offending vehicle stand proved and the same is not disputed in the present appeals, the claimants become en3tled to compensa3on under various permissible heads, including loss of dependency (with appropriate adjustments), consor3um, loss of estate, and funeral expenses. 11. In view of the aforesaid legal posi3on and the finding that the claimants, being legal representa3ves, are en3tled to just compensa3on irrespec3ve of their dependency upon the deceased, this Court proceeds to reassess the quantum of compensa3on. 12. So far as the death of Mehar Singh is concerned, it has come on record that he was 58 years of age at the 3me of the accident and was drawing a monthly pension of ₹7,525/-. His annual income thus comes to ₹90,300/-. In terms of the law laid down by the Hon’ble Supreme Court in Naonal Insurance Company Limited vs. Pranay Sethi and others, (2017) 16 SCC 680, an addi3on of 10% towards future prospects is warranted, the Page No. 3 of 5 Pages NEETIKA TUTEJA 2026.04.28 14:48 I attest to the accuracy and integrity of this document FAO-1529-2005 FAO-1530-2005 deceased being between 50 to 60 years of age. Accordingly, the annual income stands enhanced to ₹99,330/-. 13. Since the claimants are two in number, a deduc3on of one- third towards personal and living expenses of the deceased is considered appropriate. Thus, the annual contribu3on to the family comes to ₹66,220/-. Applying the mul3plier of 9, as applicable to the age group of 56–60 years, the loss of dependency is assessed at ₹5,95,980/-. 14. In addi3on to the above, the claimants are en3tled to compensa3on under conven3onal heads. Having regard to the period of accident, sum of ₹30,000/- each is awarded to the two claimants towards loss of parental consor3um, totalling ₹60,000/-. Further, ₹12,000/- each is awarded towards funeral expenses and loss of estate. 15. Accordingly, the total compensa3on payable on account of the death of Mehar Singh is computed at ₹6,79,980/-, which is rounded off to ₹6,80,000/-. A/er deduc3ng the amount of ₹50,000/- already awarded by the Tribunal, the enhanced compensa3on works out to ₹6,30,000/-. 16. Turning to the death of Mahinder Kaur, it is evident from the record that she was 54 years of age and a homemaker. The contribu3on of a homemaker cannot be undervalued, and it is well se<led that even in the absence of direct income, a no3onal income is to be assessed. Taking a reasonable view, her monthly income is assessed at ₹2,500/-, i.e., ₹30,000/- annually. Adding 10% towards future prospects, the annual income is assessed at ₹33,000/-. 17. A/er deduc3ng one-third towards personal expenses, the annual loss of dependency is calculated at ₹22,000/-. Applying the mul3plier of 11, appropriate for the age group of 51–55 years, the loss of dependency is computed at ₹2,42,000/-. 18. Under the conven3onal heads, the claimants are en3tled to ₹60,000/- towards loss of consor3um (₹30,000/- each), and ₹12,000/- each Page No. 4 of 5 Pages NEETIKA TUTEJA 2026.04.28 14:48 I attest to the accuracy and integrity of this document FAO-1529-2005 FAO-1530-2005 towards funeral expenses and loss of estate. Thus, the total compensa3on payable in respect of Mahinder Kaur comes to ₹3,26,000/-. A/er deduc3ng ₹50,000/- already awarded by the Tribunal, the enhanced compensa3on works out to ₹2,76,000/-. 19. Consequently, it is held that the claimants shall be en3tled to enhanced compensa3on of ₹6,30,000/- on account of the death of Mehar Singh, and ₹2,76,000/- on account of the death of Mahinder Kaur. The respondents shall be jointly and severally liable to pay the aforesaid enhanced compensa3on along with interest at the rate of 7.5% per annum from the date of filing of the claim pe33ons 3ll realiza3on. The enhanced amount shall be shared equally between the claimants. Both the appeals disposed of accordingly. A photocopy of this order be placed on the connected case file. (DEEPAK GUPTA) JUDGE April 27, 2026 Nee3ka Tuteja Whether Speaking/reasoned Yes/No Whether Reportable Yes/No Page No. 5 of 5 Pages NEETIKA TUTEJA 2026.04.28 14:48 I attest to the accuracy and integrity of this document