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High Court of Punjab and Haryana · body

2026 DAILYLAW 37199 (PNJ)

SAYRA AND ANOTHER v. ASLAM AND OTHERS

FAO/2134/2026 · 2026-09-03

Deepak Gupta

body2026

Judgment text

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FAO-2134-2026 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-2134-2026 Date of decision: 03.09.2026 Sayra and another ...Appellants Versus Aslam and others ...Respondents CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA Present: Mr. Ashish Gupta, Advocate for the appellants. **** DEEPAK GUPTA, J. (ORAL) It is the claimants’ appeal seeking enhancement. The only conten/on containing merit as raised by learned counsel for the appellants - claimants is that though there are two claimants i.e. father and mother, but the compensa/on under the head of filial consor/um has been awarded only to the mother to the extent of Rs.44,000/- and not to the father. 2. The aforesaid conten/on contains merits. 3. Without issuing any no/ce of mo/on to respondent No.3 – Insurance Company in order to avoid unnecessary delay and also by keeping in view the legal posi/on explained in Magma General Insurance Co. Ltd. v. Nanu Ram alias Chuhru Ram & Ors., (2018) 18 SCC 130 to be read with “Na&onal Insurance Company Limited v. Pranay Sethi and others” 2017(4) RCR (Civil) 1009, it is held that over and above compensa/on as awarded by the Tribunal, the claimants will also be en/tled to the compensa/on of Rs.44,000/- towards loss of filial consor/um to the father. The said amount shall be payable along with interest @ 7.5% per annum from the date of filing of the claim pe//on /ll actual realiza/on. 4. In case the respondent – Insurance Company has any grievance against this order, it shall be at liberty to approach this Court. 5. Disposed of. 03.09.2026 (DEEPAK GUPTA) Yogesh JUDGE Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No YOGESH MEHTA 2026.09.03 14:47 I attest to the accuracy and integrity of this document