FAO-627-2003 ( IN TH 102 Bhavtej Pal Sing Attar Singh and CORAM: HON’B Present: Mr. Mr. Mr. for t Non Mr. for r **** AMARINDER S 1. The seeking enhance Accident Claims vide award dated account of the de 2. Succ Kuldip Kaur, wh cum-Joint Direct Jalandhar after a when the offici Bhootan Khara, respondent No.1, 2003 (O&M) -1- IN THE HIGH COURT OF PUNJA AT CHANDIGAR FAO No. Decided o l Singh and another Versus and others ON’BLE MR. JUSTICE AMARINDE Mr. Ashwani Talwar, Senior Advoca Mr. Deepak Goyat, Advocate and Mr. Nikhil Sehrawat, Advocate for the appellants. one for respondent No.1. Mr. Ravinder Singh Rawal, Addl. A for respondents No.2 and 3. **** DER SINGH GREWAL, J. (Oral) The present appeal has been filed hancement of the compensation aw laims Tribunal, Jalandhar (hereinafter dated 12.11.2002, whereby a sum o the death of Kuldip Kaur, mother of th Succinctly, the facts of the case ur, who was serving as Deputy Excis Director (Enforcement), Jalandhar, wa after attending official duties at Cha official Maruti Gypsy (No.PB-11E hara, Police Station Banga, District t No.1, Attar Singh, an employee of th NJAB AND HARYANA IGARH No.627 of 2003 (O&M) ided on:09.12.2025 …Appellants …Respondents INDER SINGH GREWAL dvocate with ddl. A.G. Punjab n filed by the appellants–claimants ion awarded by the learned Motor inafter referred to as “the Tribunal”), sum of ₹1,00,000/- was granted on er of the appellants. case are that on 24.08.1998, Smt. Excise and Taxation Commissioner har, was returning to her residence at at Chandigarh. At about 9:45 P.M., 11E-9283) reached near Village strict Nawanshahar, being driven by e of the Excise Department in a rash ents mants otor ”), ed on Smt. ioner- nce at P.M., illage en by a rash PANKAJ KUMAR 2025.12.15 17:06 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh FAO-627-2003 ( and negligent m impact, Smt. Ku spot. The appella and vide the imp they were held with the compen have preferred th 3. Lear Tribunal has gra the death of Smt. the learned Trib holding that sinc the income of th granted Rs.1 lakh judgment passed Hon’ble Supreme and others 2020 sons of deceas compensation an application irresp fully dependent heads only. Furt Hon’ble Supreme Id #2746903 and SCC Online SC 2003 (O&M) -2- ent manner, it collided with a station t. Kuldip Kaur sustained multiple gr ppellants-claimants, being sons of the e impugned award dated 12.11.2002 p held entitled to compensation of Rs ompensation awarded by the learned rred the present appeal. Learned counsel for the appellan as gravely erred in awarding only ₹1 f Smt. Kuldip Kaur, despite clear evid d Tribunal completely misconstrued at since father was earning, appellants e of their father and not on the inco .1 lakh only towards loss of love and passed by the Hon’ble Supreme Cour upreme Court in National Insurance C 2020(11) SCC 356 to contend that e deceased being legal representative ion and it is the bounden duty of irrespective of fact whether the conc ndent on deceased and not to limit th Further reliance is also placed upon upreme Court in Jitender Kumar vs. S and Seema Rani vs. Oriental Insu SC 283, as well as judgment rende stationary trolley. As a result of the iple grievous injuries and died at the of the deceased filed a claim petition .2002 passed by the learned Tribunal, of Rs.1,00,000/-. Being dissatisfied arned Tribunal, appellants-claimants pellants contends that the learned ₹1,00,000/- as compensation for ar evidence on record. It is urged that strued and misdirected itself while ellants-claimants were dependent on e income of their mother and thus, ve and affection. He relied upon the Court in judgments rendered by the nce Company Limited vs. Birender that even major married and earning ntatives have right to apply for ty of the Tribunal to consider the e concerned legal representative was limit the claim towards conventional d upon the judgments passed by the vs. Sanjay Prasad Law Finder Doc Insurance Company Limited 2025 t rendered by this Court in FAO No. f the at the tition unal, isfied mants arned n for d that while nt on thus, n the y the der rning y for r the e was tional y the Doc 025 No. PANKAJ KUMAR 2025.12.15 17:06 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh FAO-627-2003 ( 5597 of 2017 titl and others. 4. It is make the manda components of c laid down by the contended that t wrongly took in already received service benefits dues, which are n Vehicles Act. 5. Lear Tribunal does no recorded therein the Tribunal. It interference in ap 6. I ha record with their 7. The of ₹1,00,000/- having been dete learned Tribunal the ground that government emp 2003 (O&M) -3- titled as National Insurance Com It is further submitted that the learn mandatory addition towards future pr ts of compensation as per the statutory by the Hon’ble Supreme in various j that the learned Tribunal erred in d ok into account the respondents’ ass ceived ₹9,00,000/-, whereas the said nefits such as leave encashment, retir h are not deductible while computing Learned counsel for the State submi oes not suffer from any irregularity or erein are well-reasoned on the basis o al. It is accordingly contended that e in appeal. I have heard learned counsel for their able assistance as well as the ca The compensation awarded by the l is found to be wholly inadequ n determined on erroneous assumptio ibunal declined compensation towards that the appellants were major son t employee. This reasoning cannot Company Limited vs Tarun Kumar e learned Tribunal further omitted to ure prospects and did not assess the atutory scheme as well as parameters rious judicial precedents. It is further d in discarding cogent evidence and ts’ assertion that the appellants had e said amount comprised statutory t, retirement gratuity, GPF and other uting compensation under the Motor submits that the award passed by the rity or infirmity, and that the findings basis of the material available before d that no ground is made out for l for the parties and examined the the case laws cited. y the learned Tribunal at a lump sum adequate and legally unsustainable, umptions both on facts and law. The rds loss of dependency mainly on or sons and that their father was a annot be sustained in view of the mar ted to ss the eters urther e and s had tutory other otor y the dings efore t for d the sum nable, . The ly on as a f the PANKAJ KUMAR 2025.12.15 17:06 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh FAO-627-2003 ( judgment passed Birender and oth even the major representatives h bounden duty of whether the legal or not and not principle has bee Company Limit Jitender Kumar 22.05.2025, Law 8. In th at the time of education, residin who was in perm at the time of the through the sala National Insura 30% addition t annual income w personal expense the multiplier of addition thereto, conventional hea ₹48,400/-, totalin 2003 (O&M) -4- passed in the case National Insu d others (supra) wherein the Hon’bl major married and earning sons tives have a right to apply for comp uty of the Tribunal to consider the ap e legal representative concerned was f d not to limit the claim towards co as been reaffirmed in Seema Rani an imited and others, 2025 SCC On mar v. Sanjay Prasad, Civil Appea Law Finder Doc Id #2746903. In the present case, the evidence on e of the accident, both appellant residing in hostels and were depende n permanent government service. The of the accident and was earning ₹16,5 e salary certificate, Ex. P-1). As pe surance Company Limited v. Pran ion towards future prospects is man ome works out to ₹2,58,664/-. Afte xpenses, the annual dependency is ass lier of 13, the total loss of dependen ereto, the appellants are also entitle al heads. Each of the appellants is en totaling ₹96,800/- as well as ₹18, Insurance Company Limited Vs. Hon’ble Supreme Court has held that sons of the deceased being legal compensation and it would be the he application irrespective of the fact was fully dependent on the deceased rds conventional heads only. This i and others v. Oriental Insurance OnLine SC 283 and further in ppeal No.7199 of 2025 decided on nce on record clearly establishes that ellants were pursuing engineering pendent upon their deceased mother, The deceased was 48 years of age ₹16,581/- per month (as established As per the principles laid down in Pranay Sethi (2017) 16 SCC 680 s mandatory. Accordingly, the total . After deducting one-third towards is assessed at ₹1,72,443/-. Applying endency comes to ₹22,41,759/-. In entitled to compensation under the s is entitled to parental consortium of ₹18,150/- each is payable towards Vs. d that legal e the e fact eased This nce er in on s that ering other, f age lished n in 680, total wards lying . In r the um of wards PANKAJ KUMAR 2025.12.15 17:06 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh FAO-627-2003 ( funeral expenses laid down by Ho total compensatio 9. The awarded by the from the date of Nos.2 & 3 to the 10. In v by the learned T above extent. 11. Pend December 09, 20 Pankaj* 2003 (O&M) -5- enses and loss of estate (escalation @ by Hon’ble Supreme Court in Pranay ensation payable to the appellants wor The enhanced compensation i.e. ove y the learned Tribunal shall also attr ate of filing of the petition till reali the appellants-claimants in equal ra In view of the aforesaid facts and ci rned Tribunal is modified and the pr Pending application(s), if any, shall (AMAR , 2025 Whether speaking/reaso Whether reportable tion @ 10% every 3 years as per law anay Sethi’s case (supra). Thus, the ts works out to ₹23,74,859/-. i.e. over and above the compensation so attract interest @7.5% per annum ll realization, payable by respondent ual ratio. and circumstances, the award passed the present appeal is allowed to the , shall also stand disposed of. MARINDER SINGH GREWAL) JUDGE g/reasoned : Yes/No : Yes/No r law s, the sation nnum ndent assed to the PANKAJ KUMAR 2025.12.15 17:06 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh