IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 111+269 FAO-3373-2005 (O&M) Decided on:23.07.2026 JEET RAM ...APPELLANT VERSUS LABH SINGH AND OTHERS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE PARMOD GOYAL Present: Mr. Aniket Verma, Advocate for Mr. Virender Soni, Advocate for appellant. Mr. Akashdeep Singh, Advocate for all respondents. *** PARMOD GOYAL, J. (ORAL) CM No.14183-CII of 2026 and CM No.14184-CII-2026 For the reasons stated the application (CM No.14184-CII- 2026) for impleadment of legal representatives of appellant No.1 and pro-forma respondent No.2, same is allowed subject to just exceptions. Applicants mentioned in paragraph No.2 and 4 of application are impleaded as legal representatives. Accordingly, CM No.14184-CII-2026 for placing on record amended memo of parties is also allowed. Amended memo of parties is taken on record. MAIN CASE (O&M) 2. Present appeal has been preferred by appellant-claimant- father (claim petition was filed by wife, daughter and father of deceased, however appeal was filed by father by impleading wife and daughter as proforma respondents) seeking enhancement of compensation awarded vide award dated 20.07.2004 passed by learned Motor Accident Claims SUNIL CHANDER 2026.07.24 15:35 I attest to the accuracy and integrity of this document FAO-3373-2005 (O&M) -2- Tribunal, Fatehabad (hereinafter referred to as ‘Tribunal’), whereby claimants were awarded total compensation of Rs.2,35,000/- on account of death of Om Parkash (hereinafter referred to as ‘deceased’) in motor vehicular accident dated 15.11.1992 allegedly caused due to rash and negligent driving of respondent-driver while driving truck bearing registration No.PB-03/2185 (hereinafter referred to as ‘offending vehicle’) 3. Since in present appeal the only issue raised by appellant- claimant is as regards to quantum of compensation and no appeal or cross-objection challenging finding of negligence has been preferred by any of the respondents, therefore, the detailed facts as regards to manner of accident accident are not being noticed herein for the sake of brevity. 4. In the present case, learned Tribunal had awarded the following compensation to appellant-claimants: Income Rs.1,250/- Multiplier 15 Loss of dependency Rs.2,25,000/- Funeral expenses Rs.10,000/- Total compensation Rs.2,35,000/- 5. Learned counsel for appellant-claimants has sought enhancement in compensation on following grounds that:- ● Learned Tribunal has erred in not assessing the income of the deceased as pleaded and proved by the claimants. ● That the deduction towards the personal and living expenses of the deceased is excessive and contrary to the settled principles of law. SUNIL CHANDER 2026.07.24 15:35 I attest to the accuracy and integrity of this document FAO-3373-2005 (O&M) -3- ● That no addition towards future prospects has been made while calculating the loss of dependency. Future prospects ought to have been added, as the deceased was 45 years of age at the time of the accident. ● Learned Tribunal has also failed to award just and appropriate compensation under the conventional heads, namely funeral expenses, loss of estate, and loss of spousal, parental, and filial consortium, in accordance with the law laid down by the Hon'ble Supreme Court. 6. Appellant-claimants had claimed that the deceased was earning Rs.5,000/- being an agriculturist and by running dairy, however, learned Tribunal has assessed loss of dependency by taking income of deceased to be Rs.1,250/- per month after applying multiplier of ‘15’ and granted compensation of Rs.2,25,000/-. 7. No doubt in present case except for oral assertions, appellants-claimants have not led any evidence to prove that deceased was an agriculturist and running a dairy, thereby earning Rs.5,000/- per month. No revenue record was placed on record showing that deceased was owner of any agricultural land or that he was cultivating agricultural land after taking the same on lease. There is no material on record except for oral assertions as regard to running of dairy by deceased. No documentary evidence or other reliable and cogent evidence has been produced by the appellants-claimants in support of pleaded income and vocation of deceased. Deceased was aged 45 years and an able-bodied earning member. Learned Tribunal has determined loss of dependency to be Rs.15,000/- per year without assessing notional income and applying deduction towards personal expenses. Deceased was 45 years of age and SUNIL CHANDER 2026.07.24 15:35 I attest to the accuracy and integrity of this document FAO-3373-2005 (O&M) -4- working for more than 27 years after attaining adulthood. Therefore, deceased has to be considered skilled person. It is, therefore, held that deceased was earning about Rs.2,000/- per month at the time of his death. Since deceased was aged 45 years, he would be entitled to addition of 25% towards future prospects in view of judgment passed by Hon’ble Supreme Court in National Insurance Company Ltd. Vs. Pranay Sethi and Ors., 2017 (16) SCC 680 and multiplier of ‘14’ keeping in view of age of deceased to be 45 years as per judgment passed by Hon’ble Supreme Court in Smt. Sarla Verma & Ors. Vs. Delhi Transport Corporation & Anr., 2009(6) SCC 121. Similarly deduction towards personal expenses has to be applied on the basis of number of dependents which are three in present case i.e. wife, daughter and father. Accordingly, deduction to the extent of 1/3rd shall be applicable. 8. The loss of dependency, therefore, has to be determined by taking monthly income of deceased to be Rs.2,000/- by applying future prospects to the extent of 25%, multiplier of ‘14’ and by making deduction of 1/3rd towards personal expenses. 9. Apart from compensation for loss of dependency, appellants-claimants shall also be entitled to Rs.15,000/- towards funeral expenses and Rs.15,000/- towards loss of estate. Claimant No.1 shall be entitled to compensation of Rs.40,000/- towards loss of spousal consortium. Claimant No.2 shall be entitled to compensation of Rs.40,000/- towards loss of parental consortium. Appellant-claimant No.3 shall be entitled to compensation of Rs.40,000/- towards loss of SUNIL CHANDER 2026.07.24 15:35 I attest to the accuracy and integrity of this document FAO-3373-2005 (O&M) -5- filial consortium. 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- claimants, appellant-claimants shall be free to seek said amount by moving appropriate application in this regard. 10. Reworked compensation payable to appellant-claimants is as under:- Income Rs.2,000/- per month Rs.2,000/- per month Future Prospects 25% (Rs.2,000+500) Rs.2,500/- Deduction 1/4th (2500-625) Rs.1,875/- Multiplier 14 14 Total loss of dependency 1,875X14X12 Rs.3,15,000/- 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 No.2 Rs.40,000/- Loss of filial consortium to appellant-claimant Rs.40,000/- SUNIL CHANDER 2026.07.24 15:35 I attest to the accuracy and integrity of this document FAO-3373-2005 (O&M) -6- No.3 Total Compensation awarded by the Tribunal Rs.2,35,000/- Total Compensation awarded in appeal Rs.4,65,000/- Enhanced compensation Rs.4,65,000/- (awarded in appeal) – Rs.2,35,000/- (awarded by Tribunal) Rs.2,30,000/- 11. Appellant-claimants shall be entitled to enhanced compensation (except for conventional heads i.e. loss of consortium, funeral expenses, loss of estate) along with 7.5% interest from the date of filing of claim petition till realization of entire amount. Interest on enhanced compensation under conventional head shall be payable from August 2017 onwards till realization. Apportionment and liability to pay compensation shall be as per award. 12. Appeal is allowed in above terms. 13. Pending application(s), if any, stand disposed of. (PARMOD GOYAL) JUDGE 23.07.2026 Sunil Chander Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SUNIL CHANDER 2026.07.24 15:35 I attest to the accuracy and integrity of this document