Smt. Shakuntla vs Ishwar Singh And Ors.

-1-
119 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO-3787-2001 WITH
FAO-3788-2001
Date of Decision: 03.11.2026
1. FAO-3787-2001
ASHISH
...Appellant
Versus
ISHWAR SINGH AND OTHERS
...Respondents
2. FAO-3788-2001
SHAKUNTLA
...Appellant
Versus
ISHWAR SINGH AND OTHERS
...Respondents
CORAM: HON'BLE MR. JUSTICE PARMOD GOYAL
Present: Mr. Bhanu Chaudhary Advocate
for the appellant in FAO-3787-2001.
Mr. J.P. Sharma, Advocate
for respondents No.3 & 4 in both the appeals.
PARMOD GOYAL, J. (ORAL)
Present appeals have been filed by the appellants-claimants
being aggrieved by award dated 01.05.2001 passed by learned Motor
Accidents Claims Tribunal, Sonepat (hereinafter referred to as ‘ Tribunal ’)
for enhancement of compensation . Since the present appeals have arisen
from common impugned award passed by learned Tribunal vide which two
claim petitions preferred on account of motor vehicular accident dated
05.11.1996 caused by rash and negligent driving of respondent-driver while
CHIRANJEEV SINGH
2026.11.04 14:03
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integrity of this document

FAO-3787-2001 & FAO-3788-2001 -2-
driving vehicle bearing registration No. DL-IP-9439, were decided and
dispute involved in all the appeals is more or less identical, hence, they are
being decided by way of this common judgment. Gist of appeals being
decided is as under :-
Compensatio
n awarded by
the Tribunal
1. Ashish Vs. Ishwar MACT No.
Singh & Ors. 12 of
1997/FAO
No.3787 of
2001
Claim
pertains
to/claim by
Sr. Case title before MACT Case
No. the MACT No. / Appeal
No.
Rs. 50,000/-
Compensation
for injuries
suffered by
injured
himself.
Rs.1,50,000/-
Compensation
for death/by
mother.
MACT No.
11 of
1999/FAO
No.3788 of
2001
2. Shakuntla Vs.
Ishwar Singh &
Ors.
2. Since in present appeals only issue raised by appellants-
claimants is as regards to quantum of compensation and no appeal or cross-
objections challenging finding of negligence on the part of respondent-driver
while driving offending vehicle has been preferred by any of respondents,
therefore, detailed facts regarding manner of accident are not being noticed
for sake of brevity.
FAO No.3787 of 2001
3. In the present case, learned Tribunal had awarded the following
compensation to appellant-claimant :-
Medical expenses Rs.10,000/-
Loss of studies Rs.10,000/-
Pain and sufferings Rs.30,000/-
Total Rs.50,000/-
4. It is the case of appellant/claimant that he had suffered multiple
injuries in the accident dated 05.11.1996. After the accident, he was admitted
CHIRANJEEV SINGH
2026.11.04 14:03
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FAO-3787-2001 & FAO-3788-2001 -3-
in Vashisht hospital, Delhi and in Vasant Lok hospital, Vasant Vihar, New
Delhi. He was advised bedrest for one month as per ExP11. ExP12 is the
copy of the MLR prepared in Civil hospital where he was admitted after the
accident. Medical bills proved on record are ExP1 to ExP14. However,
nothing has been placed on record to show any permanent disability.
th
5. The appellant claimant was a student of class 12 at the time of
the accident. Keeping in view the nature of injuries, period of hospitalization
and expenditure on medical treatment the appellant claimant must have
suffered loss of studies and is entitled to enhanced amount of Rs.20,000/-
towards loss of studies . Appellant-claimant is also entitled to enhanced
compensation of Rs.40,000/- towards pain and sufferings . Appellant-
claimant is also entitled to consolidated amount of Rs.20,000/- under the
head medical expenses, special diet, attendant charges and
transportation.
6. Accordingly, re-worked compensation payable to
injured/appellant/claimant is as under :-
Special diet,
transportation, medical
charges and attendant
charges, etc.
Rs.20,000/-
Compensation for loss Rs.10,000/- (by Tribunal) Rs.20,000/-
of studies
Rs.30,000/-
(by Tribunal)
Rs.40,000/-
Compensation for pain
and sufferings
Compensation awarded Rs.50,000/-
by Tribunal
Compensation awarded Rs.80,000/-
in appeal
Enhancement of Rs.80,000/-(awarded in
compensation appeal)- Rs.50,000/-
(awarded by Tribunal)
Rs.30,000/-
CHIRANJEEV SINGH
2026.11.04 14:03
I attest to the accuracy and
integrity of this document

FAO-3787-2001 & FAO-3788-2001 -4-
FAO No.3788 of 2001
7. The claimant i.e. mother of Ajay (hereinafter referred to as ‘the
deceased’), has filed present appeal seeking enhancement of compensation
due to untimely death of the deceased.
8. In present case, learned Tribunal had awarded the following
compensation :-
Income Rs.2,500/- per month
Total compensation awarded Rs.1,50,000/-
9. Learned counsel for the appellant/claimant has sought
enhancement of compensation on the following grounds:
•
That the learned Tribunal has erred in not assessing the income
of the deceased as pleaded and proved by the claimants.
•
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 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 parental consortium,
in accordance with the law laid down by the Hon'ble Supreme
Court.
10. Appellant-claimant had claimed that the deceased was 25 years
old at the time of accident and was earning Rs.5,000/- per month by working
as a driver. In order to prove pleaded income and vocation of deceased,
appellant-claimant had only relied upon self-serving oral assertions and had
CHIRANJEEV SINGH
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FAO-3787-2001 & FAO-3788-2001 -5-
not placed any cogent and reliable evidence, which may show that deceased
was earning Rs.5,000/- per month while working as driver. In present case,
learned Tribunal has taken income of deceased to be Rs.2,500/- per month.
Income taken by learned Tribunal is higher than minimum wages payable to
highly skilled worker in the year 1996, therefore, income of deceased as
taken by the learned Tribunal is upheld. Accordingly, income of the
deceased is taken as Rs.2,500/- per month. Since deceased was aged 25
years at the time of accident, he would be entitled to addition of 40%
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. Since deceased was 25 years old, 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. Similarly, deceased was unmarried and survived by his
mother, accordingly the deduction towards personal expenses to the extent
of 50% shall be applicable.
11. The loss of dependency, therefore, has to be determined by
taking monthly income of deceased to be Rs.2,500/-, by adding future
prospects to the extent of 40% , by applying multiplier of ‘ 18 ’ and by
making deduction of 50% towards personal expenses.
12. Apart from compensation for loss of dependency, appellant-
claimant 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 filial consortium . It is
however made clear that in case Hon’ble Supreme Court answer the
CHIRANJEEV SINGH
2026.11.04 14:03
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FAO-3787-2001 & FAO-3788-2001 -6-
reference regarding quantum of compensation under conventional head
made in Hasina Yasmin & Ors. Vs. National Insurance Co. Ltd. , 2025
SCC Online SC 2919 in favour of appellant-claimant, appellant-claimant
shall be free to seek said amount by moving appropriate application in this
regard.
13. Accordingly, reworked compensation is as under :-
Income Rs.2,500/- Rs.2,500/-
per month per month
Future Prospects 40% Rs.3,500/-
(Rs.2,500 + 1000)
Deduction 50% Rs.1,750/-
(Rs.3,500 – 1750)
Multiplier 18 18
Total loss of dependency Rs.1,750 x 18 x 12 Rs.3,78,000/-
Loss of Estate Rs. 15,000/-
Funeral Expenses Rs.15,000/-
Loss of filial consortium Rs.40,000/-
to claimant No.1
Total Compensation Rs.4,48,000/-
awarded in appeal
Total Compensation Rs.1,50,000/-
awarded by the Tribunal
Enhanced amount of Rs.4,48,000/- (awarded in
compensation appeal) – Rs.1,50,000/-
(awarded by the Tribunal)
Rs.2,98,000/-
14. Appellant/claimant in FAO No.3788 of 2001 shall be entitled to
enhanced compensation along with 7.5% interest from the date of filing of
claim petition till realization of entire amount (except under the conventional
heads i.e. loss of consortium, funeral expenses, loss of estate). For
compensation under conventional heads interest shall be payable from
August 2017 onwards till realization. Apportionment and liability to pay
compensation shall be as per award.
15. Appellant-claimant in FAO No.3787 of 2001 is held entitled to
CHIRANJEEV SINGH
2026.11.04 14:03
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FAO-3787-2001 & FAO-3788-2001 -7-
enhanced compensation with 7.5% interest on enhanced amount from date of
filing of petition till realization. Liability to pay compensation shall be as per
award.
16. Appeals are allowed in above terms. Pending application(s), if
any, is/are disposed of accordingly.
17. Photocopy of this order be placed on the file of connected case.
(PARMOD GOYAL)
03.11.2026 JUDGE
Chiranjeev
Whether Speaking/Reasoned : Yes
Whether Reportable : Yes/No
CHIRANJEEV SINGH
2026.11.04 14:03
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integrity of this document