-1- 249 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-2026-2002 (O&M) Date of Decision: 20.07.2026 SMT. AMAR KAUR AND ANOTHER ...Appellants Versus HARJINDER SINGH AND OTHERS ...Respondents CORAM: HON'BLE MR. JUSTICE PARMOD GOYAL Present: None for the appellants. Mr. Abhishek Goyal, Advocate Ms. Ayushi Jain, Advocate Mr. Pardeep Goyal, Advocate for respondent No.3/insurance company. PARMOD GOYAL, J. (ORAL) Present appeal has been preferred by the appellants-claimants being the parents of deceased Jaswant Singh (hereinafter referred to as the ‘deceased’), who died in motor vehicular accident which took place on 28.08.1996 on account of rash and negligent driving by respondent-driver while driving truck bearing registration No. MP-09-KA-4433, being aggrieved by the insufficient compensation of Rs.1,30,000/- awarded vide impugned award dated 08.06.2001 passed by the learned Motor Accident Claims Tribunal, Ludhiana (hereinafter referred to as ‘Tribunal’). 2. Since in present appeal the only issue raised by appellants- claimants is as regards to quantum of compensation and no appeal or cross- objection has been preferred by any of the respondents, therefore, the detailed facts as regards to manner of accident are not being noticed herein CHIRANJEEV SINGH 2026.07.22 17:01 I attest to the accuracy and integrity of this document FAO-2026-2002 -2- for the sake of brevity 3. In present case, learned Tribunal had awarded the following compensation :- Income Rs.2,000/- per month Deduction 1/3rd Multiplier 8 Loss of dependency Rs.1,28,000/- (Rs.1,333 x 12 x 8) Funeral expenses Rs.2,000/- Total compensation awarded Rs.1,30,000/- 4. Learned counsel for the appellants/claimants has sought enhancement of compensation on the following grounds: • That the learned Tribunal has erred in not assessing the income of the deceased as pleaded and proved by the claimants. • That the learned Tribunal has failed to apply the correct multiplier, as per age of deceased. • That the deduction towards the personal and living expenses of the deceased is excessive and contrary to the settled principles of law. • That no addition towards future prospects has been made while calculating the loss of dependency. Future prospects ought to have been added, as per age of deceased. • That the learned Tribunal has also failed to award just and appropriate compensation under the conventional heads, namely funeral expenses, loss of estate, and loss of spousal, parental, and filial consortium, in accordance with the law laid down by the Hon'ble Supreme Court. 5. It is the case of appellants/claimants that deceased was 25 years old at the time of the accident and was working in a tea shop earning Rs.4,000/- per month. He was unmarried and was contributing his entire income towards welfare of his parents i.e. appellants/claimants. In order to prove the pleaded income and vocation of the deceased, appellants/claimants CHIRANJEEV SINGH 2026.07.22 17:01 I attest to the accuracy and integrity of this document FAO-2026-2002 -3- have relied upon oral assertions. Father of deceased appeared as PW2 and reiterated age, income and vocation of deceased as pleaded in the claim petition, however, no other cogent and reliable evidence in support of his oral assertions has been produced. 6. In the present case, even the employer of deceased was not examined. In absence of any cogent and reliable material to conclude pleaded income and vocation of deceased, I do not find any error in the approach of learned Tribunal in taking income of deceased to be Rs.2,000/- per month, especially when minimum wages payable to unskilled worker in the year 1996 were Rs.1,420/-. 7. Accordingly, income of deceased is taken as Rs.2,000/- per month. However, learned Tribunal had erred in not taking into consideration future prospects for calculating loss of dependency and had wrongly applied multiplier of ‘8’ on the basis of age of parents of deceased instead of age of deceased. 8. In view of judgments of Hon’ble Supreme Court in Sarla Verma Vs. Delhi Transport Corporation, 2009 (6) SCC 121 and National Insurance Company Ltd. Vs. Pranay Sethi & Ors., 2017 (16) SCC 680, since the deceased was a young man of 25 years of age, therefore, 40% towards future prospects needs to be taken for determining loss of dependency. Similarly, multiplier which needs to be applied would be ‘18’ instead of ‘8’ which was granted by learned Tribunal. Since deceased is survived by his parents and was unmarried deduction of 50% needs to be made towards personal expenses. 9. Loss of dependency has to be determined by taking monthly income of deceased as Rs.2,000/- by applying multiplier of ‘18’ and 40% CHIRANJEEV SINGH 2026.07.22 17:01 I attest to the accuracy and integrity of this document FAO-2026-2002 -4- future prospects. 50% deduction towards personal expenses is to be made to calculate loss of dependency. 10. Appellants-claimants shall be entitled to compensation @ Rs.40,000/- each for loss of filial consortium, Rs.15,000/- for loss of estate and Rs.15,000/- for funeral expenses. It is however made clear that in case Hon’ble Supreme Court answer the reference regarding quantum of compensation under conventional head made in Hasina Yasmin & Ors. Vs. National Insurance Co. Ltd., 2025 SCC Online SC 2919 in favour of appellants, appellants shall be free to seek said amount by moving appropriate application in this regard. 11. Accordingly, reworked compensation is as under :- Income Rs.2,000/- per month Rs.2,000/- per month Future Prospects 40% (Rs.2,000 + 800) Rs.2,800/- Deduction 50% (2,800 – 1,400) Rs.1,400/- Multiplier 18 18 Total loss of dependency Rs.1,400 x 12 x 18 Rs.3,02,400/- Loss of Estate Rs. 15,000/- Funeral Expenses Rs.15,000/- Loss of filial consortium to claimant Nos.1 & 2 Rs.40,000 x 2 Rs.80,000/- Total Compensation awarded in appeal Rs.4,12,400/- Total Compensation awarded by the Tribunal Rs.1,30,000/- Enhanced amount of compensation Rs.4,12,400/- (awarded in appeal) – Rs.1,30,000/- (awarded by the Tribunal) Rs.2,82,400/- 12. Appellants/claimants shall be entitled to enhanced compensation along with 7.5% interest from the date of filing of claim petition till realization of entire amount (except under the conventional CHIRANJEEV SINGH 2026.07.22 17:01 I attest to the accuracy and integrity of this document FAO-2026-2002 -5- heads i.e. loss of consortium, funeral expenses, loss of estate). Under conventional heads interest shall be payable from August 2017 onwards till realization. Apportionment and liability to pay compensation shall be as per award. 13. Appeal is accordingly allowed. 14. Pending application(s), if any, is/are disposed of accordingly. (PARMOD GOYAL) 20.07.2026 JUDGE chiranjeev Whether Speaking/Reasoned : Yes/No Whether Reportable : Yes/No CHIRANJEEV SINGH 2026.07.22 17:01 I attest to the accuracy and integrity of this document