Punjab-Haryana High Court

Dalvir Singh And Another vs Veer Bhan And Others on 6 November, 2025

Author: Alka Sarin

Bench: Alka Sarin

                       275
                               IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                              CHANDIGARH

                                                                     FAO-182-2018 (O&M)
                                                                     Date of Decision : 06.11.2025

                       DALVIR SINGH AND ANR                                           .... Appellants

                                                          VERSUS

                       VEER BHAN AND ORS                                             .... Respondents

                       CORAM : HON'BLE MRS. JUSTICE ALKA SARIN

                       Present :    Ms. Anita Kumari, Advocate for the appellants.

                                    Mr. Maninder Arora, Advocate and
                                    Mr. Harmeet Singh, Advocate for respondent No.3.

                       ALKA SARIN, J. (ORAL)

1. As per the report of the Mediator, the mediation was a non-

starter.

2. The present appeal has been preferred by the claimant-appellants

aggrieved by the quantum of compensation awarded by the Motor Accident

Claims Tribunal, Hisar (hereinafter referred to as the 'Tribunal') vide award

dated 10.08.2017.

3. Since the factum of the accident is not in dispute, the facts, as

recorded in the impugned award passed by the Tribunal, are not being

adverted to herein for the sake of brevity.

4. The deceased in the present was, who died in a motor vehicular

accident which took place on 10.04.2016, was about 22 years. The claim

petition was filed by the parents of the deceased.

FAO-182-2018 (O&M) -2-

5. The Tribunal in the present case had awarded the following

compensation :

                          Sr. No.               Heads                   Compensation Awarded
                               1.   Monthly income                  ₹8,500
                               2.   Annual income                   [₹8,500 x 12] = ₹1,02,000
                               3.   Deduction 50%                   [₹1,02,000 - ₹51,000] = ₹51,000
                               4.   Multiplier of '13'              [₹51,000 x 13] = ₹6,63,000
                               5.   Transportation and last rites   ₹20,000
                               6.   Loss of love and affection      ₹50,000
                               7.   Medical expenses                ₹1,04,417
                                    Total Compensation              ₹8,37,417
                                    Interest                        @ 8% per annum

6. Learned counsel for the claimant-appellants would contend that

the deceased was 22 years of age and was a graduate. The said fact was duly

stated in the affidavit filed by PW-1, namely, Dalvir Singh, in his

Examination-in-Chief wherein it was clearly stated that the deceased had

completed her graduation from Uttarakhand College. However, neither there

was any cross-examination on the said fact nor any evidence was led to the

contrary. Learned counsel would further contend that the income of the

deceased has been assessed as ₹8,500 per month as per the minimum wages

applicable to that of an unskilled worker. Since the deceased was a graduate

(as per the unrebutted evidence) her income ought to have been assessed as

per the minimum wages as that of a skilled worker. It is still further the

contention of the learned counsel that no amount has been added towards

future prospects which ought to have been 40% and that a multiplier of '13'

has wrongly been applied keeping in view the age of the parents of the

deceased which should be '18' keeping in view the age of the deceased. No

FAO-182-2018 (O&M) -3-

challenge has been laid to the deduction @ 50% as made and the amount of

₹1,04,417 awarded towards medical expenses by the Tribunal. Learned

counsel would still further contend that the amounts awarded under the

conventional heads i.e. loss of estate and funeral expenses and under the head

'loss of consortium' are on the lower side. In support of her contentions the

learned counsel for the claimant-appellants has relied upon the judgments of

the Hon'ble Supreme Court in the cases of Sarla Verma & Ors. vs. Delhi

Transport Corporation & Anr. [(2009) 6 SCC 121], National Insurance

Company Ltd. vs. Pranay Sethi & Ors. [(2017) 16 SCC 680], Magma

General Insurance Company Limited vs. Nanu Ram alias Chuhru Ram

& Ors. [(2018) 18 SCC 130] and N. Jayasree & Ors. vs. Cholamandalam

M.S General Insurance Company Ltd. [2021(4) RCR (Civil) 642].

7. Per contra, learned counsel for the respondent No.3 would

contend that there was no evidence on the record regarding the fact that the

deceased was a graduate and as such her income has rightly been assessed. It

is further the contention of the learned counsel that sufficient amount has

already been awarded as compensation in the present case and that there is no

scope of any enhancement.

8. Heard.

9. In the present case PW1 - Dalvir Singh in his Examination-in-

Chief had specifically stated that the deceased had completed her graduation

from Uttarakhand College. A copy of his Examination-in-Chief and the cross-

examination was handed over in Court by the learned counsel for the claimant-

appellants to which the learned counsel for the respondent No.3-Insurance

FAO-182-2018 (O&M) -4-

Company stated that he has no objection if the same are referred to and relied

upon by the Court. A perusal of the cross-examination of PW-1 reveals that

not a single suggestion was put regarding the deceased not having completed

her graduation. Rather, the suggestions were only regarding the age and the

income proof of the deceased. In view of the unrebutted evidence, the

deceased would be considered as a graduate and as such the income applicable

would be as per that of a skilled worker which was ₹9,233 per month at the

relevant time. There is no challenge to the deduction @ 50% and the amount

of ₹1,04,417 awarded towards medical expenses by the Tribunal and as such

the same are maintained. Further, no amount has been awarded towards future

prospects. As per the law laid down by the Hon'ble Supreme Court in the case

of Pranay Sethi (supra), 40% addition is made towards future prospects. The

Tribunal has applied the multiplier of '13' keeping in view the age of the

parents of the deceased which should be as per the age of the deceased. Hence,

a multiplier of '18' would be applicable in the present case.

10. The amounts awarded under the conventional heads i.e. loss of

estate and funeral expenses and under the head loss of consortium are on the

lower side. Hence, as per the law laid down by the Hon'ble Supreme Court in

the cases of Pranay Sethi (supra), Magma General Insurance Company

Limited (supra) and N. Jayasree (supra), the claimant-appellants would be

entitled to ₹18,000 (₹15,000 + 20% increase) towards loss of estate and

₹18,000 (₹15,000 + 20% increase) towards funeral expenses. The claimant-

appellants, being the parents of the deceased, would also be entitled to

₹48,000 each (₹40,000 + 20% increase) towards loss of consortium.

FAO-182-2018 (O&M) -5-

11. Accordingly, the reworked compensation to which the claimant-

appellants are entitled to is as under :

                               Sr. No.            Heads                Compensation Awarded
                                 1.      Monthly income           ₹9,233
                                 2.      Annual income            [₹9,233 x 12] = ₹1,10,796
                                 3.      Deduction @50%           [₹1,10,796 - ₹55,398] = ₹55,398

4. Future prospects @40% [₹55,398 + ₹22,160] = ₹77,558

5. Multiplier '18' [₹77,558 x 18] = ₹13,96,044

6. Loss of estate ₹18,000

7. Funeral expenses ₹18,000

8. Loss of Consortium :

                                         (i) Filial (parents)     ₹96,000 (48,000 x 2)
                                 9.      Medical expenses         1,04,417
                                         Total Compensation       ₹16,32,461

12. The amount in excess of and over and above the amount awarded

by the Tribunal shall also attract interest @ 7.5% per annum from the date of

filing of the claim petition till the realization of the entire amount. The amount

shall be apportioned between the claimant-appellants as directed by the

Tribunal.

13. In view of the decision by the Hon'ble Supreme Court in

Parminder Singh vs. Honey Goyal & Ors. [AIR 2025 (SC) 1713], after

calculation of the enhanced amount, the same be transferred by respondent

No.3-Insurance Company in the bank account(s) of the claimant-appellants

within a period of six weeks from today. The particulars of the bank account(s)

along with the requisite documents in support thereof shall be furnished by

the claimant-appellants to respondent No.3-Insurance company within a