Anita Devi And Others vs Jasbir Singh And Others

FAO-141-2023 (O&M) -1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
248
FAO-141-2023 (O&M)
Date of decision: 12.11.2026
ANITA DEVI AND OTHERS ...Appellants
Versus
JASBIR SINGH AND OTHERS ...Respondents
CORAM: HON'BLE MR. JUSTICE SANJIV BERRY
Present:- Mr. Naveen Sharma (Moudgil), Advocate,
Mr. Vijay Lath, Advocate
for the appellants.
Mr. Jagraj Singh, Advocate
for respondent No.1.
Mr. Ajay Jain, Advocate
for respondent No.2.
Mr. Krishna Kant, Advocate
for respondent No.3.
*
SANJIV BERRY, J. (Oral)
CM-1640-CII-2023
For the reasons stated in the application, same is allowed. Delay
of 214 days in filing the accompanying appeal is hereby condoned.
Main Appeal
1. The present appeal has been preferred by the appellants-
claimants seeking enhancement of compensation awarded by the learned
Motor Accident Claims Tribunal, Rupnagar, vide Award dated 25.11.2021,
on account of the death of Sandeep Singh in a motor vehicular accident
which took place on 14.08.2019.
SANDAL SHARMA
2026.11.13 16:27
I attest to the accuracy and
integrity of this document

FAO-141-2023 (O&M) -2-
2. Briefly, the facts of the case are that on 14.08.2019, Sandeep
Singh, aged about 27 years, met with an accident involving a bus bearing
registration No. HR-37-D-6269, which was allegedly being driven rashly
and negligently by respondent No.1. He sustained multiple injuries and
remained admitted in the hospital for about 11 days, whereafter he
succumbed to his injuries on 25.08.2019. The appellants, being his mother,
father, sister and brother, preferred a claim petition under Section 166 of the
Motor Vehicles Act, 1988. The learned Tribunal, vide impugned Award
dated 25.11.2021, allowed the claim petition and awarded compensation of
Rs.37,34,085/- along with interest at the rate of 7% per annum.
3. Learned counsel for the appellants submits that the learned
Tribunal has erred in awarding inadequate compensation under the
conventional heads. It is contended that claimant No.1 has been awarded
only Rs.40,000/- towards loss of consortium, whereas the said amount ought
to have been Rs.48,000/-. It is further submitted that claimants No.2 to 4 are
also entitled to consortium at the rate of Rs.48,000/- each. Learned counsel
further submits that the amounts awarded towards loss of estate and funeral
expenses, i.e. Rs.15,000/- each, are also liable to be enhanced to Rs.18,000/-
each in terms of the principles laid down by the Hon'ble Supreme Court in
National Insurance Company Limited v. Pranay Sethi and others (2017)
16 SCC 680.
4. On the other hand, learned counsel appearing on behalf of
respondents No.1 and 2, as well as counsel for respondent No.3–Insurance
Company, have not disputed the aforesaid factum and very fairly submitted
that the appellants are entitled for enhancement of compensation under the
aforesaid conventional heads in terms of the principles laid down in Pranay
SANDAL SHARMA
2026.11.13 16:27
I attest to the accuracy and
integrity of this document

FAO-141-2023 (O&M) -3-
Sethi's case ( supra ).
5. I have heard learned counsel for the parties and have gone
through the impugned Award as well as other relevant documents.
6. Although the claim of the appellants in the present appeal is
two-fold, firstly, that the learned Tribunal has erred in not awarding
consortium, loss of estate and funeral expenses in accordance with the
principles laid down by the Hon'ble Supreme Court in Pranay Sethi's case
( supra ), and secondly, that the income of the deceased has been assessed on
the lower side. However, during the course of arguments, learned counsel
for the appellants, upon being confronted with the statement of CW-2 Suraj
Aggarwal, Company Secretary of SISCOL Private Limited, fairly conceded
that the deceased had expired before joining the said company. In these
circumstances, learned counsel for the appellants has given up the challenge
to the assessment of income of the deceased and has confined the prayer for
enhancement only to the conventional heads, namely loss of consortium,
loss of estate and funeral expenses.
7. A perusal of the impugned Award reveals that the learned
Tribunal has awarded a sum of Rs.40,000/- towards loss of consortium to
claimant No.1, whereas the appellants are entitled to compensation under
this head at the rate of Rs.48,000/- each, in accordance with the applicable
enhancement in terms of the principles laid down in Pranay Sethi's case
( supra ). Accordingly, claimant No.1 is entitled to enhancement of Rs.8,000/-
under this head, whereas claimants No.2 to 4 are also held entitled to
consortium at the rate of Rs.48,000/- each.
8. Further, the learned Tribunal has awarded Rs.15,000/- each
towards loss of estate and funeral expenses. The said amounts are also liable
SANDAL SHARMA
2026.11.13 16:27
I attest to the accuracy and
integrity of this document

FAO-141-2023 (O&M) -4-
to be enhanced to Rs.18,000/- each in terms of the aforesaid judgment. Thus,
the appellants are entitled to an additional amount of Rs.3,000/- each under
these two heads.
9. Consequently, the appellants are held entitled to the following
enhanced compensation over and above the amount already awarded by the
learned Tribunal:
Amount already
Head Amount payable Enhancement
awarded
Consortium to
Rs.40,000/- Rs.48,000/- Rs.8,000/-
claimant No.1
Consortium to
Nil Rs.48,000/- Rs.48,000/-
claimant No.2
Consortium to
Nil Rs.48,000/- Rs.48,000/-
claimant No.3
Consortium to
Nil Rs.48,000/- Rs.48,000/-
claimant No.4
Loss of estate Rs.15,000/- Rs.18,000/- Rs.3,000/-
Funeral expenses Rs.15,000/- Rs.18,000/- Rs.3,000/-
Total
Rs.1,58,000/-
Enhancement
10. In view of the above, the compensation awarded by the learned
Tribunal stands enhanced by Rs.1,58,000/-, over and above the
compensation already awarded. Consequently, the total compensation
payable to the appellants stands enhanced from Rs.37,34,085/- to
Rs.38,92,085/-.
11. The appellants shall also be entitled to interest on the enhanced
amount at the same rate and from the same date as awarded by the learned
Tribunal, till its actual realization.
12. The liability to satisfy the enhanced compensation shall remain
joint and several, with the primary liability resting upon respondent No.3–
Insurance Company, in terms of the impugned Award.
SANDAL SHARMA
2026.11.13 16:27
I attest to the accuracy and
integrity of this document

FAO-141-2023 (O&M) -5-
13. The appeal stands partly allowed in the aforesaid terms. All
other findings recorded by the learned Tribunal, shall remain intact.
14. Pending miscellaneous application(s), if any, shall also stand
disposed of.
12.11.2026 (SANJIV BERRY)
S.Sharma
JUDGE
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
SANDAL SHARMA
2026.11.13 16:27
I attest to the accuracy and
integrity of this document