Harwinder Kaur And Ors vs Sarabjit Singh And Ors

IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
108 Date of decision : 03.11.2026
108(1) FAO No.2630 of 2002 (O&M)
NIRMALA DEVI AND ORS. …APPELLANTS
VERSUS
SARABJIT SINGH AND OTHERS ...RESPONDENTS
108(2) FAO No.2631 of 2002 (O&M)
HARWINDER KAUR AND ORS. …APPELLANTS
VERSUS
SARABJIT SINGH AND OTHERS ...RESPONDENTS
CORAM: HON'BLE MR. JUSTICE PARMOD GOYAL
Present: Mr. Gagandeep Singh Simble, Advocate for
Mr. P.S. Brar, Advocate
for appellants.
Mr. Vinod Gupta, Advocate
for respondent-Insurance Company.
*
PARMOD GOYAL, J. (ORAL)
Present appeals have been preferred by appellants-claimants
seeking enhancement of compensation awarded vide award dated
28.11.2001 passed by learned Motor Accident Claims Tribunal, Faridkot
(hereinafter referred to as ‘ Tribunal ’), whereby appellants-claimants were
awarded total compensation of Rs.7,41,400/- and Rs.6,19,000/- on account
of death of Baldev Singh and Sewak Singh (hereinafter referred to as
‘ deceased ’), respectively in motor vehicular accident dated 02.08.1997
allegedly caused due to rash and negligent driving of respondent-driver
while driving truck bearing registration No.RJ-13G-2994 (hereinafter
referred to as ‘ offending vehicle ’).
SUNIL CHANDER
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FAO No.2631 of 2002 (O&M)
2. Since in the present appeals the only issue raised by the
appellants-claimants is with regard to the quantum of compensation and no
appeal or cross-objection has been preferred by any of the respondents to
challenge findings of learned Tribunal as regards to rash and negligent
driving of offending vehicle driven by respondent-driver, therefore, the
detailed facts regarding the manner of accident are not being noticed herein
for the sake of brevity.
FAO No.2630 of 2002 (O&M)
3. In the present case, learned Tribunal had awarded the following
compensation to appellants-claimants:
Income Rs.5,400/-
per month
Deduction 1/3rd
Multiplier 17
Loss of dependency Rs.7,34,400/-
(3,600X12X17)
Funeral expenses Rs.2,000/-
Loss of consortium Rs.5,000/-
Total compensation Rs.7,41,400/-
4. Learned counsel for the appellants-claimants has sought
enhancement of compensation on the following grounds:
●
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
SUNIL CHANDER
while calculating the loss of dependency. Future prospects
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FAO No.2630 of 2002 (O&M) -3-
FAO No.2631 of 2002 (O&M)
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. In present case, appellants-claimants had asserted that deceased
Baldev Singh was employed in Punjab Police and was getting Rs.3,500/- per
month as salary. To prove income and vocation of deceased Baldev Singh,
appellants-claimants had duly examined Raghbir Singh, Clerk from the
officer of Senior Superintendent of Police, Bathinda as AW4. AW4 had duly
stated that deceased Baldev Singh having belt No.1152 was employed as
Constable with Punjab Police, Bathinda and proved that salary of Rs.4249/-
per month was being paid to deceased in the month of July 1997 vide salary
certificate (Ex.P1). AW4 also stated that in the meanwhile, pay scales had
been revised and gross-salary of deceased Baldev Singh got enhanced to
Rs.5,400/- w.e.f. 01.01.1996 prior to death of deceased. In view of statement
of AW4, learned Tribunal had correctly taken the income of deceased to be
Rs.5,400/- per month. Therefore, there is no scope of enhancement as far as
income of deceased is concerned, however, I find merit in the submission
made by learned counsel for appellants-claimants that deceased being a
regular Government servant was entitled to addition of 50% towards future
prospects for determining loss of dependency. Accordingly, addition of 50%
is made towards future prospects in view of judgment passed by Hon’ble
Supreme Court in National Insurance Company Ltd. Vs. Pranay Sethi
and Ors. , 2017 (16) SCC 680 as deceased was in a regular and stable job.
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FAO No.2631 of 2002 (O&M)
Similarly, since deceased was aged 25 years old at the time of accident as
per post-mortem report (Ex.P7), therefore, multiplier of ‘18’ would be
applicable as per judgment passed by Hon’ble Supreme Court in Smt. Sarla
Verma & Ors. Vs. Delhi Transport Corporation & Anr. , 2009(6) SCC
121 instead of ‘17’ as applied by learned Tribunal. Similarly, deduction
towards personal expenses has to be made on the basis of number of
dependents which are five in present case i.e. wife, two children and parents.
Accordingly, deduction to the extent of 1/4th shall be applicable.
6. The loss of dependency, therefore, has to be determined by
taking monthly income of deceased to be Rs.5,400/- per month by applying
future prospects to the extent of 50%, multiplier of ‘18’ and by making
deduction of 1/4th towards personal expenses.
7. Apart from compensation for loss of dependency, appellants-
claimants shall also be entitled to Rs . 15,000 /- towards funeral expenses and
Rs . 15,000 /- towards loss of estate . Appellant-claimant No.1 shall be entitled
to compensation of Rs . 40,000 /- towards loss of spousal consortium .
Appellants-claimants No.2 and 3 shall be entitled to compensation of
Rs . 40,000 /- each towards loss of parental consortium . Appellants-
claimants No.4 and 5 shall be entitled to compensation of Rs . 40,000 /- each
towards loss of filial consortium . It is however made clear that in case
Hon’ble Supreme Court answers the reference regarding quantum of
compensation under conventional heads made in Hasina Yasmin & Ors.
Vs. National Insurance Co. Ltd. , 2025 SCC Online SC 2919 in favour of
appellants-claimants, appellant-claimants shall be free to seek said amount
by moving appropriate application in this regard.
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FAO No.2631 of 2002 (O&M)
8. Reworked compensation payable to appellants-claimants is as
under:-
Income Rs.5,400/- Rs.5,400/-
per month per month
Future Prospects 50% Rs.8,100/-
(5,400 + 2,700)
Deduction 1/4th Rs.6,075/-
(8,100 - 2,025)
Multiplier 18 18
Total loss of Rs.6,075/-X12X18 Rs.13,12,200/-
dependency
Loss of estate Rs.15,000/-
Funeral expenses Rs.15,000/-
Loss of spousal
consortium to
appellant-claimant
No.1
Rs.40,000/-
Loss of parental
consortium to
appellants-claimants
No.2 and 3
Rs.40,000/- X 2 Rs.80,000/-
Loss of filial
consortium to
appellants-claimants
No.4 and 5
Rs.40,000/- X 2 Rs.80,000/-
Total Compensation
awarded by the
Tribunal
Rs.7,41,400/-
Total Compensation Rs.15,42,200/-
awarded in appeal
Enhanced Rs.15,42,200/-
compensation (awarded in appeal)
-
Rs.7,41,400/-
(awarded by
Tribunal)
Rs.8,00,800/-
FAO No.2630 of 2002 (O&M)
9. In the present case, learned Tribunal had awarded the following
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compensation to appellants-claimants:
Income Rs.4,462/-
per month
Deduction 1/3rd
Multiplier 17
Loss of dependency Rs.6,12,000/-
(3,000X12X17)
Funeral expenses Rs.2,000/-
Loss of consortium Rs.5,000/-
Total compensation Rs.6,19,000/-
10. Learned counsel for the appellants-claimants has sought
enhancement of compensation on the following grounds:
●
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.
11. In present case, appellants-claimants had asserted that deceased
Sewak Singh was employed as Driver in Border Security Force and was
getting Rs.3,500/- per month as salary. To prove income and vocation of
deceased Sewak Singh, appellants-claimants had duly examined Anand
Parkash H.C. No.74005647 as AW6. AW6 had duly stated that the basic pay
of deceased Sewak Singh L.C. having belt No.892008979 with Fourth
Battalion, BSF, as per the record of the month of July 1997 was Rs.3,170/-
SUNIL CHANDER per month and his gross salary was Rs.4,462/-. In view of statement of
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AW6, learned Tribunal had correctly taken the income of deceased to be
Rs.4,462/- per month. Therefore, there is no scope of enhancement as far as
income of deceased is concerned, however, I find merit in the submission
made by learned counsel for appellants-claimants that deceased being a
regular Government servant was entitled to addition of 50% towards future
prospects for determining loss of dependency. Accordingly, addition of 50%
is made towards future prospects in view of judgment passed by Hon’ble
Supreme Court in National Insurance Company Ltd. Vs. Pranay Sethi
and Ors. , 2017 (16) SCC 680 as deceased was in a regular and stable job.
Similarly, since deceased was aged 28 years old at the time of accident as
per post-mortem report (Ex.P6), therefore, multiplier of ‘17’ as taken by
learned Tribunal would be applicable as per judgment passed by Hon’ble
Supreme Court in Smt. Sarla Verma & Ors. Vs. Delhi Transport
Corporation & Anr. , 2009(6) SCC 121. Similarly, deduction towards
personal expenses has to be made on the basis of number of dependents
which are three in present case i.e. wife, son and mother. Accordingly,
deduction to the extent of 1/3rd shall be applicable.
12. The loss of dependency, therefore, has to be determined by
taking monthly income of deceased to be Rs.4,462/- per month by applying
future prospects to the extent of 50%, multiplier of ‘17’ and by making
deduction of 1/3d towards personal expenses.
13. Apart from compensation for loss of dependency, appellants-
claimants shall also be entitled to Rs . 15,000 /- towards funeral expenses and
Rs . 15,000 /- towards loss of estate . Appellant-claimant No.1 shall be entitled
to compensation of Rs . 40,000 /- towards loss of spousal consortium .
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Appellant-claimant No.2 shall be entitled to compensation of Rs . 40,000 /-
towards loss of parental consortium . Appellant-claimant No.3 shall be
entitled to compensation of Rs . 40,000 /- towards loss of filial consortium . It
is however made clear that in case Hon’ble Supreme Court answers the
reference regarding quantum of compensation under conventional heads
made in Hasina Yasmin & Ors. Vs. National Insurance Co. Ltd. , 2025
SCC Online SC 2919 in favour of appellants-claimants, appellant-claimants
shall be free to seek said amount by moving appropriate application in this
regard.
14. Reworked compensation payable to appellants-claimants is as
under:-
Income Rs.4,462/- Rs.4,462/-
per month per month
Future Prospects 50% Rs.6,693/-
(4,462+ 2,231)
Deduction 1/3rd Rs.4,462/-
(6,693 – 2,231)
Multiplier 17 17
Total loss of Rs.4,462/-X12X17 Rs.9,10,248/-
dependency
Loss of estate Rs.15,000/-
Funeral expenses Rs.15,000/-
Loss of spousal
consortium to
appellant-claimant
No.1
Rs.40,000/-
Loss of parental
consortium to
appellant-claimant
No.2
Rs.40,000/-
Rs.40,000/-
Loss of filial
consortium to
appellant-claimant
No.3
SUNIL CHANDER
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Rs.6,19,000/-
Total Compensation
awarded by the
Tribunal
Total Compensation Rs.10,60,248/-
awarded in appeal
Rs.4,41,248/-
Enhanced Rs.10,60,248/-
compensation (awarded in appeal)
-
Rs.6,19,000/-
(awarded by
Tribunal)
15. Appellants-claimants shall be entitled to enhanced
compensation (except for conventional heads i.e. loss of consortium, funeral
expenses, loss of estate) along with 7.5% interest from the date of filing of
claim petition till realization of entire amount. Interest on enhanced
compensation under conventional heads shall be payable from August 2017
onwards till realization. Apportionment and liability to pay compensation
shall be as per award.
16. Appeals are allowed in above terms.
17. Pending application(s), if any, stand disposed of. Photocopy of
this order be placed on the files of connected cases.
(PARMOD GOYAL)
JUDGE
03.11.2026
Sunil Chander
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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