FAO No.1435 of 2014 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 117 FAO No.1435 of 2014 Date of decision: February 12th, 2026 Gurmit Kaur and others ...Appellants Versus Daljit Singh and another ...Respondents CORAM: HON'BLE MR. JUSTICE VIKAS BAHL Present: Mr. M.S. Dhami, Advocate for the appellants. Mr. Sandeep Singh, Assistant Advocate General, Punjab. VIKAS BAHL, J. (ORAL) 1. Parents, brother and sister of Daljit Singh, who had died in a motor vehicular accident, have filed the present appeal for enhancement of compensation. The Tribunal vide award dated 03.10.2013 had awarded an amount of 6,73,000/- as compensation along with interest to the appellants ₹ on account of death of said Daljit Singh, which had taken place in a motor vehicular accident on 18.04.2012. The only issue that arises in the present appeal is as to whether the appellants are entitled to additional compensation or not, as the other aspects have not been disputed before this Court. 2. Learned counsel for the appellants has submitted that in the present case, the income of the deceased has been taken as 6,000/- per ₹ month which is on the lower side. It is argued that it has been recorded by the Tribunal in paragraphs 13 and 14 of the award that the deceased was 21 years of age and was in the last semester of diploma in Civil Engineering at Shaheed Udham Singh Polytechnic College, Tangori and had noted that the PUNEET SACHDEVA 2026.02.13 17:06 I attest to the accuracy and authenticity of this document Chandigarh FAO No.1435 of 2014 2 appellants had brought on record copy of registration card (Exhibit P-3) showing that the deceased was registered with Punjab State Board of Technical Education and Industrial Training as student of three years diploma course in Civil Engineering at Shaheed Udham Singh Polytechnic College, Tangori and further the documents Exhibit P-4 as well as Exhibit P- 5 would show that the deceased was a bright student as he had got second position in second semester and third position in first semester. It was further stated that although it was the case of the appellants/claimants that the deceased was also giving tuitions and was actually earning 20,000/- per ₹ month but the Tribunal has disbelieved the same and even in case the said aspect is not taken into consideration, the fact that the deceased was in the last semester of diploma in Civil Engineering and was also a meritorious student would call for increasing the assessed monthly income of the deceased. 3. In support of his arguments, learned counsel for the appellants has relied upon the judgment of Hon’ble Supreme Court in Civil Appeal No.6724 of 2021 titled as Smt. Meena Pawaia & Ors Versus Ashraf Ali & Ors and has submitted that in the said case, where the facts and circumstances were similar to the present case, the Hon’ble Supreme Court had assessed the income of the deceased as 14,000/- per month after giving ₹ the benefit of 40% future prospects. It is submitted that further although there are four claimants but no amount on account of loss of consortium has been given and thus, the appellant are also entitled to an additional sum of 1,93,600/- on the said account. It is submitted that nothing has been ₹ PUNEET SACHDEVA 2026.02.13 17:06 I attest to the accuracy and authenticity of this document Chandigarh FAO No.1435 of 2014 3 awarded on account of loss of estate and thus an amount of 18,150/- should ₹ be awarded to the appellants on the said account also. It is submitted that the appellants be held entitled to additional compensation after taking into consideration the abovesaid calculations. It is further argued that interest at the rate of 9% be granted on the said additional amount. In support of his arguments, learned counsel for the appellants has relied upon the law laid down by the Hon'ble Supreme Court in case titled as Magma General Insurance Company Limited Vs. Nanu Ram alias Chuhru Ram and others reported as (2018) 18 SCC 130. 4. Learned counsel for the respondents/State has submitted that in the present case, the amount on account of funeral expenses which has been awarded is 25,000/- and since the appellants are claiming all the ₹ conventional heads as per the latest law, thus the amount on account of funeral expenses should be reduced from 25,000/- to 18,150/-. It is further ₹ ₹ argued that even as per the judgment of the Hon’ble Supreme Court in the case of Smt. Meena Pawaia & Ors (supra), the deceased in the said case was a student of 3rd/4th semester in Civil Engineering and thus was slightly better placed than the deceased in the present case, who was doing diploma in Civil Engineering. It is submitted that in the said facts and circumstances, the amount which the appellants are wanting to be taken as income of the deceased i.e. 14,000/- per month is highly excessive and the highest ₹ amount that can be granted to the appellants by applying the case of Smt. Meena Pawaia & Ors (supra), would be 12,000/- per month. It is also ₹ submitted that the interest claimed by the appellants is highly excessive and PUNEET SACHDEVA 2026.02.13 17:06 I attest to the accuracy and authenticity of this document Chandigarh FAO No.1435 of 2014 4 the highest rate of interest that should be granted is 6% per annum. 5. Learned counsel for the appellants in rebuttal, keeping in view the objections raised by the counsel for the respondents, has submitted a revised chart and has submitted that the appellants would be satisfied in case the monthly income is taken as 12,000/- per month and funeral expenses ₹ are reduced from 25,000/- to 18,150/- and the rate of interest is reduced to ₹ ₹ 7.5% per annum. The chart as submitted by the counsel for the appellants is reproduced hereinbelow: “Monthly Income 12000 less 50% Deduction 6000 6000 X 12 X 18 = 1296000 193600 Conventional Head (48400 X 4) Funeral Expenses 18150 Loss of estate 18150 15,25,900 Already Paid - 673000 8,52,900 + Interest 7½%= M.S. DhAMI Adv. For Appellant” 6. This Court has heard the learned counsel for the parties and has perused the paper book. 7. It is not in dispute that there are four claimants in the present case and thus as per settled law, the claimants are entitled to 1,93,600/- ₹ (48400 X 4) on account of loss of consortium. The Tribunal has not granted anything on the said account. Further, on accounts of loss of estate as well as funeral expenses, the amount has been correctly mentioned in the chart. The PUNEET SACHDEVA 2026.02.13 17:06 I attest to the accuracy and authenticity of this document Chandigarh FAO No.1435 of 2014 5 only issue which is required to be considered is as to whether the income of the deceased which has been assessed as 6,000/- per month should be ₹ increased or not. 8. It is not in dispute that deceased-Daljit Singh was 21 years of age and, as has been recorded in paragraphs 13 and 14 of the award of the Tribunal, was registered with the Punjab State Board of Technical Education and Industrial Training as student of three year diploma course in Civil Engineering at Shaheed Udham Singh Polytechnic College, Tangori and the appellants have also produced registration card (Exhibit P-3) proving the said fact. Further, Exhibits P-4 and P-5 have also been duly proved on record, which are the certificates of merit showing that the deceased had attained second position in second semester and third position in first semester and thus was a meritorious student. Although it was the case of the appellants that the deceased was also giving tuitions and have corroborated the said fact with the evidence of PW-1 Gurnam Singh but since there was no documentary evidence, thus the Tribunal did not believe the same. The Hon’ble Supreme Court in the case of Smt. Meena Pawaia & Ors (supra) was also examining the case of a 21-22 years old, who was a 3rd year student in Civil Engineering. In the said case also, the accident took place on 12.09.2012 which is the same year as in the present case. The High Court had considered the income of the deceased to be 5,000/- per month in the ₹ said case, however, the Hon’ble Supreme Court after taking into consideration the fact that even labourers/skilled labourers were getting 5,000/- per month under Minimum Wages Act in the year 2012 and after ₹ PUNEET SACHDEVA 2026.02.13 17:06 I attest to the accuracy and authenticity of this document Chandigarh FAO No.1435 of 2014 6 further taking into consideration the fact that the deceased was a young boy and was a student, opined that the basic income of the deceased ought to be considered as at least 10,000/- per month. The Hon’ble Supreme Court ₹ thereafter considered the aspect as to whether future rise in income is to be taken into consideration in such a case where the deceased was not actually earning any amount and was a student only. After considering all the aspects, the Hon’ble Supreme Court observed that the principle of future rise in income should also be taken into consideration in such a case, as it cannot be disputed that rise in cost of living would also affect such persons. Thus, after giving the benefit of future prospects, an addition of 40% of the determined income was added and the total income, which was termed as future economic loss, was taken to be 14,000/- per month. ₹ 9. This Court was prima facie inclined to accept the said amount of 14,000/- per month in the present case also, however, learned State ₹ counsel for the respondents has rightly pointed out that in the case before the Hon’ble Supreme Court, the deceased was a 3rd year student in Civil Engineering and hence was slightly better placed than the deceased in the present case, who was in the last semester of diploma in Civil Engineering and thus in the said facts and circumstances, it would be just and appropriate to assess the future economic loss as 12,000/- per ₹ month. The said aspect has been agreed on behalf of the appellants. Thus, the future economic loss is assessed as 12,000/- per month. The entries ₹ made in the revised chart, which has been reproduced hereinabove, are in accordance with law and deserves to be upheld and thus the present PUNEET SACHDEVA 2026.02.13 17:06 I attest to the accuracy and authenticity of this document Chandigarh FAO No.1435 of 2014 7 appellants are entitled to an additional compensation of 8,52,900/- ₹ along with interest at the rate of 7.5% per annum from the date of filing of the claim petition till its realization. 10. Keeping in view the abovesaid facts and circumstances, the present appeal is partly allowed and the award dated 03.10.2013 passed by the Motor Accidents Claims Tribunal is modified and respondent No.2 is directed to pay an amount of 8,52,900/- along with interest at the rate of ₹ 7.5% per annum from the date of filing of the claim petition till its realisation within a period of two months from today. February 12th, 2026 (VIKAS BAHL) Puneet JUDGE Whether speaking/reasoned: Yes Whether reportable: Yes PUNEET SACHDEVA 2026.02.13 17:06 I attest to the accuracy and authenticity of this document Chandigarh