136 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-1559-2025 (O&M) Date of Decision: December 11, 2025 Smt. Nachiya Devi and others … Appellants Versus Amarnath and others …Respondents CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Ms. Sikha Yadav, Advocate for Mr. Rahul Deswal, Advocate for the appellants. Mr. Imran A. Ali, Advocate for respondent No.3-Insurance Company. DEEPAK GUPTA , J.(Oral) The ma$er was not se$led before the Media&on and Concilia&on Centre of this Court. 2. Heard. 3. One Joginder Paswan lost his life in a motor vehicular accident, which took place on 09.03.2023, due to rash and negligent driving of a Dumper Truck bearing registra&on No.HR-46E-8657. 4. The widow, 05 minor children and widowed mother of the deceased, i.e. as many as 07 claimants filed a claim pe&&on under Sec&ons 166 and 140 of the Motor Vehicles Act, 1988, seeking compensa&on against the driver, owner and insurer of the offending vehicle. The Tribunal awarded compensa&on of 23,74,000/- payable jointly and severally by the respondents along with interest. 5. The conten&on raised by learned counsel for the appellants- claimants for enhancement in the compensa&on amount is that the compensa&on under the head of loss of consor&um has been allowed only to the widow and not to the other claimants. It is also the conten&on that even to the widow, loss of consor&um is allowed at 40,000/-, whereas Sarita Rani 2025.12.11 18:09 I attest to the accuracy of this document/order FAO-1559-2025 (O&M) - 2 - 2025:PHHC:173463 it should have been 48,000/-, in view of the judgments passed in “Naonal Insurance Company Limited v. Pranay Sethi and others” 2017(4) RCR (Civil) 1009 and “Magma General Insurance Company Ltd. v. Nanu Ram @ Chuhru Ram and others”, 2018(18) SCC 130. Learned counsel also contends that the compensa&on awarded under the head of loss of estate and funeral expenses is also on lower side. 6. Learned counsel for the Insurance Company does not dispute the aforesaid factual posi&on. 7. In view of the legal posi&on as explained in Pranay Sethi’s case (surpa) and Nanu Ram’s case (supra), the present appeal is hereby accepted to the effect that claimants shall be en&tled to 48,000/- per claimant for the loss of consor&um/filial consor&um/parental consor&um and ₹18,000/- for the loss of estate and 18,000/- for funeral expenses. 8. This way, the compensa&on amount payable to the appellants- claimants works out as under:- 1. Loss of dependency 23,04,000/- (as awarded by the Tribunal). 2. Loss of consor&um 48,000/- payable to the wife 3. Loss of parental/filial 2,88,000/- (48,000 x 6) consor&um to the other claimants 4. Loss of estate 18,000/- 5. Funeral expenses 18,000/- Total 26,76,000/- 9. As such, it is held that the appellants-claimants will be en&tled to total compensa&on of ₹26,76,000/-. The enhanced compensa&on works out to be 3,02,000/-. It is directed that said enhanced compensa&on amount of 3,02,000/- shall be payable to the appellants-claimants along Sarita Rani 2025.12.11 18:09 I attest to the accuracy of this document/order FAO-1559-2025 (O&M) - 3 - 2025:PHHC:173463 with interest @ 7.5% per annum from the date of filing of the claim pe&&on &ll its realiza&on. The same shall be appor&oned amongst the appellants- claimants in the same ra&o as allowed by the Tribunal. December 11, 2025 (DEEPAK GUPTA) sarita JUDGE Whether reasoned/speaking: Yes/No Whether reportable: Yes/No Sarita Rani 2025.12.11 18:09 I attest to the accuracy of this document/order