1 2026:HHC:25623 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. FAO (MV) No. 295 of 2018 Reserved on : 18.06.2026 Decided on : 30.06.2026 Uploaded on : 30.06.2026 Shri Ram General Insurance Company Ltd. ...Appellant Versus Vikram Singh & Others ...Respondents Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 Yes. For the appellant: Mr. Jagdish Thakur, Advocate. For the respondents: Mr. Rajan Kohal, Advocate, for respondents No. 1 and 2. None for respondents No. 3 and 4. Virender Singh, Judge AppellantShri Ram General Insurance Company Ltd. has filed the present appeal, under Section 173 of the Motor Vehicles Act (hereinafter referred to as ‘the M.V. Act’), against the award dated 06.03.2018, passed by learned Motor 1 Whether the reporters of Local Papers may be allowed to see the judgment? 2 2026:HHC:25623 Accident Claims TribunalII, Kangra at Dharamshala, Circuit Court at Nurpur, District Kangra, H.P. (hereinafter referred to as ‘the MACT’), in MACP No. 18N/II/2013, titled as ‘Vikram Singh & Anr. Versus Mangal Singh & Ors.’. 2. By way of the award, dated 06.03.2018, the learned MACT has allowed the petition filed by respondents No. 1 & 2 and awarded a sum of Rs. 5,58,000/, along with interest at the rate of 8% per annum, from the date of filing of the petition, till the deposit of the awarded amount. The ultimate liability to pay the compensation has been fastened upon the appellantInsurance Company. 3. For the sake of convenience, the parties to the present lis, are, hereinafter referred to, in the same manner, as were, referred to, by the learned MACT. STAND OF THE PETITIONERS BEFORE LEARNED MACT: 4. Brief facts, leading to filing of the present appeal, before this Court, as borne out from the record, may be summed up, as under: 4.1 The petitioners being sons of Smt. Sarita Devi alias Sheela Devi, have filed the claim petition under Section 3 2026:HHC:25623 166 of M.V. Act, against the respondents being owner, driver and insurer of vehicle bearing No. PB06N2122 (hereinafter referred to as ‘the offending vehicle’). 4.2 According to the petitioners, on 20.05.2013, their mother along with their father (Kewal Singh) was on the way to Chandigarh in car No. HP38A4984. When the said car reached near Dalebal College main G.T. road , meanwhile, the offending vehicle came there, being driven by respondent No. 2, in a rash and negligent manner, and hit the car, in which the mother of the petitioners was travelling. In the said accident, she sustained fatal injuries and thereafter taken to Civil Hospital Hariana, District Hoshiarpur, however, on the way, she had expired. 4.3 The information regarding the accident was given to Police Station Hariana, District Hoshiarpur, where, FIR No. 34/2013, dated 20.05.2013, under Sections 279, 304A, 427 of IPC was registered. Postmortem examination of the dead body of Smt. Sarita Devi was conducted at Civil Hospital Hoshiarpur. Age of Smt. Sarita Devi, at the time of her death, has been pleaded as 55 years and according to the 4 2026:HHC:25623 petitioners, their mother was earning Rs. 10,000/ per month. 4.4 The petitioners have also pleaded about their bright past and bleak future. 4.5 Since the accident has solely been attributed due to rash and negligent driving of respondent No. 2, while driving the offending vehicle, as such, a sum of Rs. 50,00,000/ has been claimed, as compensation. STAND OF THE RESPONDENTS BEFORE LEARNED MACT: 5. When put to notice, the claim petition has been contested by respondent No. 3 only. Respondents No. 1 and 2 had not opted to put appearance before the learned MACT, to contest the claim petition and both of them were proceeded exparte by learned MACT. 6. Insurance company of the offending vehicle, filed its reply by taking preliminary objections that the claim petition is not maintainable, as, the driver of the offending vehicle was not having a valid and effective driving license to drive the same, the offending vehicle was being plied in 5 2026:HHC:25623 contravention of the terms and conditions of the insurance policy. 6.1 On merits, the contents of the claim petition have mainly been denied for want of knowledge, however, it has been specifically denied that the mother of the petitioners was earning Rs. 10,000/ per month. 6.2 On the basis of above facts, the insurance company has prayed for dismissal of the claim petition. 7. Petitioners filed rejoinder to the reply filed by respondent No. 3, by denying the preliminary objections, as well as, the contents of the reply, by virtue of which, the claim petition has been contested. PROCEEDINGS BEFORE LEARNED MACT: 8. From the pleadings of the parties, the following issues were framed by the learned MACT on 04.01.2016: 1. Whether Sarita Devi died in a roadside accident on 20.05.2013 at about 2:00 PM near Dalewal College, Main G.T. Road, Police Station Hariana, District Hoshiarpur (Pb.) due to rash and negligent driving of respondent No. 2, as alleged? OPP 2. If issue No. 1 is proved in affirmative, to what amount of compensation petitioners are entitled to and from whom? OPP 3. Whether petition is not maintainable? OPR3 6 2026:HHC:25623 4. Whether the respondent No. 2 was not holding a valid and effective driving licence to drive the vehicle in question at the time of accident? OPR3 5. Whether the vehicle in question was being plied in violation of terms and conditions of the insurance policy? OPR3 6. Relief. 9. Thereafter, the parties to the lis were directed to adduce evidence. 10. After hearing the learned counsel appearing for the parties, the learned MACT has allowed the petition, as referred to above, by fastening the liability upon the insurance company. STAND OF THE INSURANCE COMPANY BEFORE THIS COURT: 11. Feeling aggrieved from the award, the Insurance Company of the offending vehicle has preferred the present appeal. 12. The award has been assailed on the ground that the learned MACT has not considered the fact that both the petitioners are major and married sons of the deceased and cannot be said to be dependent upon the deceased. Highlighting the fact that in the absence of the dependency of the petitioners, it is the stand of the appellantInsurance 7 2026:HHC:25623 Company that the petitioners are only entitled to loss of love and affection. 13. The award has also been assailed on the ground that the learned MACT has wrongly taken the income of Sarita Devi during her lifetime Rs. 6000/ per month, whereas, in the absence of documentary proof, the same should have been taken on the basis of minimum wages prevailing in the year 2013. 14. The multiplier, which, has been applied by the learned MACT is also stated to be not applicable to the facts and circumstances of the present case, as the deceased was more than 55 years of age, as such, multiplier of 9 is required to be applied in the present case. 15. Lastly, the award has been assailed on the ground that the learned MACT has wrongly awarded interest at the rate of 8% per annum, whereas the same should have been 6% per annum. 16. On the basis of above facts, Sh. Jagdish Thakur, Advocate, appearing for the appellantInsurance Company, 8 2026:HHC:25623 has prayed that the appeal may kindly be allowed by reducing the amount of compensation, as awarded to the petitioners. 17. Per contra, it has been argued by Sh. Rajan Kohal, Advocate, appearing for the petitioners that the amount of compensation may kindly be enhanced so the same should fall within the definition of “just compensation”. DISCUSSION & ANALYSIS: 18. It is no longer resintegra that the effort of the Court/Tribunal should be to award ‘just compensation’ in the claim petitions. 19. The award, in the present case, has been assailed on the ground that both the petitioners were not dependent upon Smt. Sarita Devi @ Sheela Devi. Petitioner No. 2 Bhupinder Singh, when appeared in the witness box as PW2, had filed his duly swornin affidavit Ext. PW2/A. He has admitted in the crossexamination that he, as well as, his brother, petitioner No. 1, are married and working in private company. According to him, he was earning Rs. 4000 – 5000/ per month, whereas his brother is also earning the 9 2026:HHC:25623 similar amount. However, he has denied that he and petitioner No. 1, were not dependent upon their mother. 20. In this admitted factual position, the stand as taken by the learned counsel for the appellant, qua the fact that the petitioners being the married sons and gainfully employed, are not entitled for the compensation, is liable to be negated, in view of the decision of Hon’ble Supreme Court in case titled “National Insurance Company Ltd. Versus Birender and others, (2020) 11 Supreme Court Cases 356”. In the above titled case, the Hon’ble Supreme Court has held that the sons, who are married and gainfully employed, are entitled for the compensation. Relevant paragraphs 10, 10.1, 10.2, 10.3, 14 and 17 of the judgment, are reproduced, as under: “10. We have heard Mr. Amit Kumar Singh, learned counsel for the Insurance Company (appellant) and Ms Abha R. Sharma, learned counsel for Respondents 1 and 2. The principal issues which arise for our consideration are as follows: 10.1 (i) Whether the major sons of the deceased who are married and gainfully employed or earning, can claim compensation under the Motor Vehicles Act, 1988 (for short “the Act”)? 10.2 (ii) Whether such legal representatives are entitled only for compensation under the conventional heads? 10 2026:HHC:25623 10.3 (iii) Whether the amount receivable by the legal representatives of the deceased under the 2006 Rules is required to be deducted as a whole or only portion thereof? xxxx xxxxx xxxxxxx 14. It is thus settled by now that the legal representatives of the deceased have a right to apply for compensation. Having said that, it must necessarily follow that even the major married and earning sons of the deceased being legal representatives have a right to apply for compensation and it would be the bounden duty of the Tribunal to consider the application irrespective of the fact whether the legal representative concerned was fully dependent on the deceased and not to limit the claim towards conventional heads only. The evidence on record in the present case would suggest that the claimants were working as agricultural labourers on contract basis and were earning meagre income between Rs. 1,00,000 and Rs. 1,50,000 per annum. In that sense, they were largely dependent on the earning of their mother and in fact, were staying with her, who met with an accident at the young age of 48 years. xxxx xxxxx xxxxx 17. The view so taken by the High Court is not the correct reading of the decision of threeJudge Bench of this Court in Reliance General Insurance Co. Ltd. Versus Shashi Sharma, (2016) 9 SCC 627, for more than one reason. First, this Court was conscious of the fact that under Rule 5(2) of the 2006 Rules, the family pension receivable by the family would be payable, however, only after the period, during which the financial assistance is received, is completed. In that context, in para 24 of the reported decision, the Court clearly noted that the amount towards family pension cannot be deducted from the claim amount for determination of a just compensation under the Act. Further, the High Court has erroneously assumed that the family of the deceased would be entitled for family pension amount immediately after the death of the deceased employee. That is in the teeth of the scheme of the 2006 Rules, in particular Rule 5(2) thereof. The said Rules provide for financial assistance on compassionate grounds, as also, other benefits to the family members of the deceased employee and as a package thereof, Rule 5(2) stipulates that the family pension as per the normal rules would be payable to the family members 11 2026:HHC:25623 only after the period of delivery of financial assistance is completed. The validity of this provision is not put in issue. Suffice it to say that the view taken by the High Court in New India Assurance Co. Ltd. Versus Ajmero, 2017 SCC OnLine P&H 5370 is a departure from the scheme envisaged by the 2006 Rules, in particular, Rule 5(2). That cannot be countenanced.” (Self emphasis supplied) 21. The above view has again been reiterated by the Hon’ble Supreme Curt in case titled “Seema Rani and others Versus Oriental Insurance Co. Ltd., 2025 ACJ 338”. Relevant paragraph 9 of the judgment, is reproduced, as under: “9. We have heard the learned counsel for the appellants. We are unable to agree with the view taken by the Tribunal (sic High Court) on the dependants of the deceased. This court in National Insurance Co. Ltd. Versus Birender, 2020 SCJ 759 (SC), had expounded that major married and earning sons of the deceased, being legal representatives, have a right to apply for compensation, and the Tribunal must consider the application irrespective of whether the representatives are fully dependent on the deceased or not. The court went on to conclude that since the sons, in that case, were earning merely Rs. 1,50,000 per annum, they were largely dependent on the earnings of the deceased and were staying with her.” (Self emphasis supplied) 22. If, the facts and circumstances of the present case are seen, in the light of decisions of the Hon’ble Supreme Court, as referred to above, both the petitioners are working in private sector and earning meager amount of Rs. 60,000/ per annum. Hence, the arguments of learned counsel 12 2026:HHC:25623 appearing for the appellantInsurance Company is liable to be rejected. 23. PW2 has categorically stated in his statement that their mother used to lookafter their family and both of them were dependents upon her. 24. Mothers play an unparallel role in shaping the future of society. They are the pillars of family, nurturing grounds for their children, and the driving force behind countless accomplishment. In our society, the role of mother transcends typical definitions, carrying immense cultural significance and societal responsibilities. Mothers in our society defy singular interpretations and wear many hats. They are not only the primary caregivers, but providing emotional support, guidance and fostering lifelong value in their children. Their love, care and dedication lay the foundation for emotional wellbeing, moral grounding and a strong sense of self responsibility. They are the pillars of strength and resilience. Even their economic contribution cannot be compensated in terms of money. They are playing vital role in shaping the role of their children for their future. 13 2026:HHC:25623 25. In a recent decision, in “Shishu Pal @ Shish Ram & Ors. Versus Surjeet & Others, 2026 INSC 634”, the Hon’ble Supreme Court has the role of a woman has been highlighted. Relevant paragraphs 12 and 13 of the judgment, are reproduced, as under: “12. It must also be observed that this economic shift of valuing a homemaker’s efforts is not limited only to monetary aspects. There has been a shift in sensibilities a married woman who takes care of the house is no longer called a housewife and has now been elevated to the deserved status of homemaker in recognition of the multitudes of facets that her presence in the home covers. The term ‘housewife’ has been present for centuries with its earliest use being recorded in the year 12255 whereas the word ‘homemaker’ is relatively newer, being traced back to somewhere in the 1860s6. It may be true that Judiciary has made a conscious effort to shift its use to the latter term but in common use the stereotypical earlier term still continues with a ratio of 4:1. Although this shift in terminology has been seen in earlier judgments, we would like to note that this Court in its recent handbook on combating gender stereotypes7 stated that the use of the term ‘housewife’ would be incorrect and instead the word ‘homemaker’ should be used. In the same book, it has also been noted as follows: Stereotype: Women who do not work outside the home do not contribute to the household or contribute to the household or contribute very little in comparison to their husbands. Reality: Women who are homemakers perform unpaid domestic labour (such as cooking, cleaning, washing, household management and accounts) and care work (such as caring for the elderly and for children, helping children with their homework and extracurriculars). The unpaid labour performed by women not only contributes to the household’s quality of life but also results in monetary savings. Women who are homemakers contribute to the household to an equal (or greater) extent. 13. Apart from the fact that contribution of women to the society extends far beyond biological reproduction, they are 14 2026:HHC:25623 also largely responsible for the preparation of human capital on which the dreams of being the world’s largest economy among other things rest. It is often said that a mother is the first teacher that a child has. This teaching however is not like a school or a college, that has a definite end date and instead continues for the entire lives of both the mother and the child. Whatsoever positive act is undertaken by the child such as learning a skill, a language, a trade or a profession, is informed by the training that is given on the daily, by the mother. Similarly, and most significantly, human relations which are the cornerstone of society, are perceived and understood first and foremost through the ways exemplified by conduct of the mother. The everyday nudging and signalling towards proper behaviour etiquette, later forms the path which the said child would then emulate for their future generations. It is, therefore, a successive chain built intercommunity and intergenerationally, of trust, cooperation and transmission of cultural memory, norms, which take the form of social bonds that sustain an individual either as familial relations or friendships and to an extent even professional networks. The understanding of acceptable and unacceptable behaviour whether it is within the home or outside it, is also communicated by the person who is in the home at all times. Those who step out for livelihood and return only at the end of the day, for obvious reasons have limited interaction and so their role in the constant shaping of the individual, may somewhat be limited. On the emotional and psychological plane, the inherent ability of a homemaker to juggle multiple aspects whether it is meals, properly ironed clothes, stocking up supplies, caring for the elderly in the house, ensuring that the children stay on top of their schoolwork and so many more things that enabled, to use a somewhat stereotypical expression, the ‘men of the house’, to have their undivided focus on earning a good living. They provide a sense of insulation from the pressures of the outside world, a bubble in which everything is taken care of and all that is needed for the people therein, is to relax and rejuvenate preparing themselves for what the next day might bring. In the majority of households, this is taken to be ‘normal’ but the truth is that those who do not have this luxury, truly understand what is missing in their lives. The family members in households where the homemaker is absent be it for whatever reason, are often required to come together and each individual therein will do a part of the work that would 15 2026:HHC:25623 otherwise fall to the absent individual who would, in fact do it with a smile on their face. True it is that the reality/realities contemplated thus far are both of urban and rural application. But it is the case at least in certain areas that the women in rural areas endure additional difficulties/labour walking kilometres for pails/matkas of water, transporting mounds of hay atop their backs on a daily basis or being an additional hand in their fields alongside their husbands other than doing all of the household work in furtherance of smooth functioning of their households. All of these aspects be it economic, emotional or psychological have a direct corelation to creating a healthy society and in turn towards national development and are areas of intense study in the subjects of public health and social policy. In the preceding paragraphs, we have attempted to give a world eye’s view of the multifarious roles that are performed by a lady – a homemaker and yet why is it that they are generally perceived through a singular outlook? To put it directly and yet indirectly, a homemaker is like the potter and a home itself is a lump of clay. All shapes, sizes and designs are a result of the exact right mix of the mud with the water and the gentle caress of the hand to shape the clay into something that is wholesome, attractive and useful. These are the people responsible for laying the foundation stones on which the edifices of the high flying business persons, successful politicians, headlining artists, sought after lawyers etc., on the one hand and on the other, the silent support behind the daily grind of an everyday worker who steps out of home in the hopes of making a decent living for the day in other words, they have a role either entirely invisible or just partially visible in the work of all those persons who are recognised to be contributing to the nation. It is high time now that the invisible is made visible or the veil is pierced to make what can be partially seen come out in the open. The “homemakers”, to put it directly, actually are the “nation builders” and they ought to be recognised as such. In the end, we must place two caveats. The discussion above has been made to highlight what has thus far remained unhighlighted. We are aware though that this reality is not everyone’s reality. In certain homes, the homemaker has no option but to be other things alongside being the homemaker i.e., the breadwinner as well. In this 16 2026:HHC:25623 scenario, all the above facets, are in some way, shape or form present and may place an equally strenuous demand on her time but nonetheless are performed with equal ease and understanding. It may be a matter of deep seeded gender stereotypes that when we think of the word ‘homemaker’ the picture that emerges is that of a woman. This however may not be appropriate in all cases. As a result on one circumstance or another, sometimes unfortunate sometimes not, a man may too need to don the role of a homemaker. It is not to take away from the efforts of these men who also deserve recognition and acknowledgment, but for the purposes of the present case and more particularly the quantification of domestic efforts, we limit its application to the quintessential and traditional image, that of a woman.” 26. Thus, mainly on the ground that both the petitioners were married and were working, does not disentitle them from claiming the compensation in the present case. 27. In this case, the learned MACT has taken the contribution of Smt. Sarita Devi @ Sheela Devi, as Rs. 6,000/ per month, which, has been assailed by the Insurance Company, by way of present appeal. However, the contribution of the homemaker has now been recognized by the Hon’ble Supreme Court as Rs. 30,000/ per month, by promoting their status from housewife to homemaker/nation builders. Relevant paragraph 15 of the judgment in Shishu Pal @ Shish Ram’s case (supra), is reproduced, as under: 17 2026:HHC:25623 “ Quantifying The Contributionof a Nation Builder 15. In usual circumstances this Court would not have ventured further than taking note of the fact that the incident and judgment in Lata Wadhwa (supra) was contemporaneous to the unfortunate accident in this case and as such compensation could be calculated using the Rs.3000/ per month metric applied therein however, in our considered view that would not be justified. It has to be observed that to measure the contributions of a homemaker and mother as in this case in strictly monetary terms is a task of considerable difficulty for each and every aspect of the day, month and year of such a homemaker’s family members is informed, shaped by her sometimes acknowledged, but most often unacknowledged or taken for granted, efforts. If compensation is to be calculated in the present day while accounting for the egregious delay, to do so in terms that were frozen on the day of the death of the deceased would be grossly undervaluing the silent strength of homemakers.” 28. Thus, the contribution of the mother of the petitioners is held to be Rs. 30,000/. 29. The age of Smt. Sarita Devi @ Sheela Devi, as per the claim petition, was about 55 years, at the time of her death. Petitioner No. 2, while appearing in the witness box, also deposed so, about the age of his mother. In the postmortem examination report Ext. PW1/A, her age has been mentioned as 55 years. In the absence of any contrary evidence, as mentioned in the postmortem report Ext. PW1/A, the learned MACT has rightly taken the age of the deceased as 55 years. 18 2026:HHC:25623 30. In view of the decision of Hon’ble Supreme Court in case titled “National Insurance Company Ltd. Versus Pranay Sethi & Others, (2017) 16 Supreme Court Cases 680”, 10% amount is required to be added in the amount of contribution i.e. Rs. 30,000/, on account of future prospects, as held in para 59.4 of the judgment, in Pranay Sethi’s case (supra), which has been reproduced, as under: “59.4 In case the deceased was selfemployed or on a fixed salary, an addition of 40% of the established income should be the warrant where the deceased was below the age of 40 years. An addition of 25% where the deceased was between the age of 40 to 50 years and 10% where the deceased was between the age of 50 to 60 years should be regarded as the necessary method of computation. The established income means the income minus the tax component.” 31. Thus, the established contribution of Smt. Sarita Devi @ Sheela Devi, towards her family comes to Rs. 30,000/ + 10% = Rs. 33,000/. 32. Keeping in view the number of dependents, 1/3rd amount, out of the total contribution of Smt. Sarita Devi @ Sheela Devi, is liable to be deducted, towards her personal expenses, had she been alive, which comes to Rs. 22,000/ per month (Rs. 33,000 – 1/3rd). 19 2026:HHC:25623 33. The learned MACT has applied the multiplier of 11, which according to the judgment of Hon’ble Supreme Court in “Sarla Verma Vs Delhi Transport Corportation, 2009 (6) SCC 121”, is the appropriate multiplier, applied in the present case. Thus, the loss of domestic care comes to Rs. 22,000/ x 12 x 11 = Rs. 29,04,000/. 34. In view of the decision of Hon’ble Supreme Court in Magma General Insurance Company Limited versus Nanu Ram alias Chuhru Ram and others, reported in (2018) 18 Supreme Court Cases 130, both the petitioners are held entitled for the amount of loss of consortium. The relevant paras 21 to 24 of the judgment are reproduced, as under: “21. A Constitution Bench of this Court in Pranay Sethi dealt with the various heads under which compensation is to be awarded in a death case. One of these heads is loss of consortium. In legal parlance, "consortium" is a compendious term which encompasses `spousal consortium', `parental consortium', and `filial consortium'. The right to consortium would include the company, care, help, comfort, guidance, solace and affection of the deceased, which is a loss to his family. With respect to a spouse, it would include sexual relations with the deceased spouse: 20 2026:HHC:25623 21.1. Spousal consortium is generally defined as rights pertaining to the relationship of a husbandwife which allows compensation to the surviving spouse for loss of "company, society, cooperation, affection, and aid of the other in every conjugal relation”. 21.2. Parental consortium is granted to the child upon the premature death of a parent, for loss of "parental aid, protection, affection, society, discipline, guidance and training." 21.3. Filial consortium is the right of the parents to compensation in the case of an accidental death of a child. An accident leading to the death of a child causes great shock and agony to the parents and family of the deceased. The greatest agony for a parent is to lose their child during their lifetime. Children are valued for their love, affection, companionship and their role in the family unit. 22. Consortium is a special prism reflecting changing norms about the status and worth of actual relationships. Modern jurisdictions world over have recognized that the value of a child's consortium far exceeds the economic value of the compensation awarded in the case of the death of a child. Most jurisdictions therefore permit parents to be awarded compensation under loss of consortium on the death of a child. The amount awarded to the parents is a compensation for loss of the love, affection, care and companionship of the deceased child. 23. The Motor Vehicles Act is a beneficial legislation aimed at providing relief to the victims or their families, in cases of genuine claims. In case where a parent has lost their minor child, or unmarried son or daughter, the parents are entitled to be awarded loss of consortium under the head of filial consortium. Parental consortium 21 2026:HHC:25623 is awarded to children who lose their parents in motor vehicle accidents under the Act. A few High Courts have awarded compensation on this count. However, there was no clarity with respect to the principles on which compensation could be awarded on loss of filial consortium. 24. The amount of compensation to be awarded as consortium will be governed by the principles of awarding compensation under `loss of consortium' as laid down in Pranay Sethi (supra). In the present case, we deem it appropriate to award the father and the sister of the deceased, an amount of Rs. 40,000 each for loss of Filial Consortium.” 35. Before assessing the entitlement of the petitioners for compensation under conventional heads, it is apt for this Court to reproduce relevant paragraph 59.8 of Pranay Sethi case (supra), which is reproduced as under: “59.8 Reasonable figures on conventional heads, namely, loss of estate, loss of consortium and funeral expenses should be Rs. 15,000/, Rs. 40,000/ and Rs. 15,000/ respectively. The aforesaid amount should be enhanced at the rate of 10% in every three years.” 36. In view of the law laid down by Hon’ble Supreme Court in Pranay Sethi’s case (supra), the petitioners are also held entitled for compensation under the heads: ‘loss of estate’, ‘funeral expenses’, and ‘loss of consortium’, with 10% 22 2026:HHC:25623 increase after every three years, from the date of judgment in Pranay Sethi’s case i.e. from the year, 2017. 37. Thus, the entitlement of the claimants, is adjudicated, as under: 1. Loss of income = Rs. 29,04,000/ 2. Loss of consortium = Rs.1,04,000/ (Rs. 40,000 x 2 + Rs. 24,000/) 3. Loss of estate = Rs. 19,500/ (Rs. 15,000 + Rs. 4,500/) 4. Funeral Expenses = Rs. 19,500/ (Rs. 15,000 + Rs. 4,500/) _________________________________________________________ Total = Rs. 30,47,000/. ________________________________________________________ 38. The entitlement of the petitioners with a view to grant just compensation, thus, comes to Rs. 30,47,000/. 39. The learned MACT has awarded the rate of interest to the petitioners at the rate of 8% per annum, which, to the considered opinion of this Court, is liable to be reduced while keeping in view the prevalent rate of interest in the nationalized banks. Consequently, the same is reduced to 7.5% per annum. 23 2026:HHC:25623 40. However, the learned MACT has rightly fastened the ultimate liability to pay the amount of compensation, along with uptodate interest, on the Insurance Company (respondent No.3), with whom, the offending vehicle was, admittedly, insured, at the time of accident. 41. No other point has been urged or argued. 42. Having glance of the above discussion, the appeal of the Insurance Company is dismissed; the amount of compensation is enhanced from Rs. 5,58,0002026:HHC:25623/ to Rs. 30,47,000/, however, the rate of interest is reduced from 8% to 7.5% per annum, from the date of filing of the petition, till the deposit of award amount. 43. Parties are left to bear their own costs. 44. Memo of costs be prepared accordingly. 45. Record be sent back. (Virender Singh) 30th June, 2026 Judge (Pramod Kumar)

SHRI RAM GENERAL INSURANCE COMPANY LTD v. VIKRAM SINGH AND OTHERS

Judgment text