IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** 104 (1) FAO-2574-2002 Date of Decision:26.09.2025 Kiran Paul Kaur and Others …..Appellants Vs. Balwan Singh and Others .….Respondents CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Ajay Kumar Sharma, Advocate for the appellants. Mr. Paul S. Saini, Advocate for respondent No.3- The New India Assurance Co. Ltd. **** DEEPAK GUPTA, J. (ORAL) This is claimant’s appeal seeking enhancement in the compensa)on amount. Nishan Singh, a 22 year old agriculturist, expired in a motor vehicular accident, due to rash and negligent driving of tanker No.HR-29-GA-0265, in the year 1998. His widow, minor son and mother filed the claim pe))on. Learned MACT has calculated the compensa)on amount to be `2,06,000/- vide award dated 10.01.2002. 2. Seeking enhancement, it is contended by learned counsel for the appellants that deceased was owning agriculture land and so, income should be assessed accordingly as he was also doing diary farming. However it is conceded by learned counsel for the appellants that there is no proof to the effect that deceased was owning any land. Similarly there is no cogent evidence regarding any income from diary farming. NEETIKA TUTEJA 2025.09.26 17:12 I attest to the accuracy and integrity of this document FAO-2574-2002 3. As stated by learned counsel for insurance company, at the relevant )me, minimum wages for unskilled worker were `1,729/- per month. The Tribunal has taken into considera)on income of `1,500/- per month of the deceased. 4. This Court takes the no)onal income of the deceased to be `1,730/- per month. A;er adding 40% per cent towards future prospects, the annual income works out to be `29,064/-. By making deduc)on of 1/3rd and applying the mul)plier of ‘18’, the loss of dependency works out to be `3,48,768/-. An amount of `40,000/- each is awarded to the three claimants towards loss of spousal consor)um/filial consor)um. Another amount of `15,000/- each is awarded towards loss of estate and for funeral expenses/transporta)on and this way total amount of `4,98,768/- is made out, as per the calcula)on which has been placed on record by learned counsel for the insurance company. 5. Accordingly, the enhanced compensa)on works out to be `2,92,768/-. 6. This appeal is accordingly accepted by modifying the award of the Tribunal and by holding the appellants to be en)tled to total compensa)on of `4,98,768/-. It is directed that enhanced compensa)on of `2,92,768/- shall be payable to the claimants along with interest @ 7.5 per annum from the date of filing of the pe))on )ll actual realiza)on. NEETIKA TUTEJA 2025.09.26 17:12 I attest to the accuracy and integrity of this document FAO-2574-2002 7. The enhanced compensa)on shall be payable to the three claimants in the same propor)on as was allowed by the Tribunal. The recovery rights given to the insurance company shall remain as it is. Disposed of accordingly. (DEEPAK GUPTA) JUDGE September 26, 2025 Nee)ka Tuteja Whether Speaking/reasoned Yes/No Whether Reportable Yes/No NEETIKA TUTEJA 2025.09.26 17:12 I attest to the accuracy and integrity of this document