IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 125 FAO-2852-2026 (O&M) Date of Decision: 03.09.2026 Smt. Farjana and others ....Appellants Versus Aasuda and others ....Respondents CORAM: HON'BLE MR. JUSTICE VIKAS SURI ---- Present: Mr. Digvijay, Advocate for Mr. Ashish Gupta, Advocate for the appellants. Mr. Abhimanyu Kalsy, Advocate for respondent No.3-insurance company. **** VIKAS SURI, J. (Oral) CM-10238-CII-2026 This is an application seeking condonation of delay of 24 days in filing the appeal. For the reasons set out in the application, supported by affidavit, the same is allowed and the delay of 24 days in filing the appeal is condoned. CM stands disposed of. FAO-2852-2026 1. The present appeal has been preferred by the claimant/appellants aggrieved by the quantum of compensation awarded by learned Motor Accidents Claims Tribunal, Nuh, (hereinafter referred to as ‘the Tribunal’), vide impugned award dated 05.01.2026, on account of a motor vehicle accident that occurred on 04.11.2023. The only issue raised before this Court is with regard to the quantification of the amount under the conventional VARINDER PRASHAD 2026.09.11 18:34 I attest to the accuracy of this document PHHC FAO-2852-2026 -: 2 :- heads, namely consortium, funeral expenses and loss of estate, which have not been awarded at the enhanced rate as per the ratio in National Insurance Company Ltd. v. Pranay Sethi and others, (2017) 16 SCC 680. 2. Since the occurrence of accident, involvement of the offending vehicle and the correctness of the findings with regard to the rash and negligent driving or the other findings reported therein are not in dispute, the facts are not being adverted to for the sake of brevity. The Tribunal in the present case had awarded the following compensation:- Sr. No. Heads of claim 1 Income Rs.10,661/- 2 40% future prospects Rs.4,264/- 3 Total Income Rs.14,925/- 4 1/4th deduction as dependents are five in number Rs.3,731/- 5 After deduction, income Rs.11,194/- 6 Annual income of deceased Rs.11,194/- x 12 = 1,34,328/- 7 Compensation after applying multiplier of 17. Rs.1,34,328/- x 17 = 22,83,576/- 8 Loss of estate Rs.15,000/- 9 Funeral expenses Rs.15,000/- 10 Loss of consortium Total compensation Rs.40,000/- x 5 = 2,00,000/- Rs.25,13,576/- 3. Learned counsel for the claimant/appellants would contend that he does not challenge the income of the deceased, the deduction towards personal expenses as well as the multiplicand or the multiplier applied by the Tribunal. However, he states that no addition has been made towards enhancement of the amount under conventional heads, namely loss of estate, loss of consortium and funeral expenses. It is further the contention of learned counsel for the claimant/appellants that amounts under conventional heads are VARINDER PRASHAD 2026.09.11 18:34 I attest to the accuracy of this document PHHC FAO-2852-2026 -: 3 :- not as per the law laid down by Hon’ble Supreme Court. In support of his contentions, he has relied upon the judgments of Hon’ble Supreme Court in the cases of Sarla Verma & Ors. v. Delhi Transport Corporation & Anr., (2009) 6 SCC 121; National Insurance Company Ltd. v. Pranay Sethi & Ors., (2017) 16 SCC 680; Magma General Insurance Company Limited v. Nanu Ram alias Chuhru Ram & Ors., (2018) 18 SCC 130 and United India Insurance Company Ltd. v. Satinder Kaur @ Satwinder Kaur and Ors., (2021) 11 SCC 780. 4. Per contra, learned counsel for respondent No.3-insurance company would contend that sufficient amount has already been awarded, however, he is not in a position to controvert that the legal principles laid down by the Apex Court in the aforementioned judicial precedents have not been fully applied to the conventional heads, inasmuch as they have not been calculated at the enhanced rate of 10% after every three years. 5. I have heard learned counsel for the parties and with their able assistance, perused the record. 6. It would be apposite to refer to the relevant part of the conclusions recorded in paragraph 59 of the judgment rendered in Pranay Sethi’s case (supra), which reads thus:- “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 amounts should be enhanced at the rate of 10% in every three years.” 7. In the present case, no appeal has been filed by respondent No.3- insurance company. Since there is no challenge to the income of the deceased VARINDER PRASHAD 2026.09.11 18:34 I attest to the accuracy of this document PHHC FAO-2852-2026 -: 4 :- and the deduction made towards personal expenses, as assessed by the Tribunal, the same are accordingly maintained. The amounts awarded under the conventional heads, namely loss of estate, loss of consortium and funeral expenses, which were specified to be Rs.15,000/-, Rs.40,000/- and Rs.15,000/- respectively, are liable to be increased at the rate of 10% in every three years since 31.10.2017. Therefore, the claimant/appellants are entitled to Rs.18,150/- (Rs.15,000/- + 10% + 10% increase) towards loss of estate, Rs.48,400/- (Rs.40,000/- + 10% + 10% increase) towards loss of consortium, payable to each of the claimants and Rs.18,150/- (Rs.15,000/- + 10% + 10% increase) towards funeral expenses. 8. Hence, the total amount of compensation is recalculated as under:- Sr. No. Details of various heads Amount awarded by the Tribunal Amount enhanced by the High Court 1. Income Rs.10,661/- 2. 40% future prospects Rs.4,264/- 3. Total Income Rs.14,925/- 4. 1/4th deduction as dependents are five in number Rs.3,731/- 5. After deduction, income Rs.11,194/- 6. Annual income Rs.11,194/- x 12 = 1,34,328/- 7. Multiplier (17) Rs.1,34,328/- x 17 = 22,83,576/- 8. Loss of estate Rs.15,000/- Rs.18,150/- 9. Funeral expenses Rs.15,000/- Rs.18,150/- 10. Loss of consortium Rs.40,000/- x 5 = 2,00,000/- Parental – 48,400/- x 2 = 96,800/- Filial – 48,400/- x 2 = 96,800/- Spousal – 48,400/- Total = Rs.2,42,000/- Total compensation Rs.25,13,600/- Rs.25,61,876/- Rs.25,61,876 – Rs.25,13,600 = Rs.48,276/- VARINDER PRASHAD 2026.09.11 18:34 I attest to the accuracy of this document PHHC FAO-2852-2026 -: 5 :- 9. The enhanced amount of compensation shall be payable along with interest at the rate of 7.5% per annum from the date of filing of claim petition till its realization. 10. In view of the decision by Hon’ble Supreme Court in Parminder Singh vs. Honey Goyal and others, (2025) 9 SCC 539, after calculation of the enhanced amount, the same be transferred by the Insurance Company in the bank account(s) of the claimants within six weeks from today. The particulars of the bank account(s) alongwith the requisite documents in support thereof shall be furnished by the claimants to the Insurance Company within a period of two weeks from the date of this order and needful shall be done by the Insurance Company after verification thereof within four weeks thereafter along with up-to-date interest. The compliance shall be reported by the Bank to the Tribunal concerned. 11. In view of the above discussion, the present appeal is allowed and the award passed by the Tribunal stands modified accordingly. 12. Pending applications, if any, also stand closed. (VIKAS SURI) September 03, 2026 JUDGE Varinder/Sumit Whether speaking/reasoned : Yes/No Whether reportable : Yes/No VARINDER PRASHAD 2026.09.11 18:34 I attest to the accuracy of this document PHHC