Rampiari vs Om Parkash

-1-
111 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO-476-2003 WITH
FAO-477-2003 (O&M)
Date of Decision: 30.10.2026
1. FAO-476-2003
NEERAJ AND ANOTHER
...Appellant
Versus
OM PARKASH AND OTHERS
...Respondents
2. FAO-477-2003
RAM PIARI AND OTHERS
...Appellant
Versus
OM PARKASH AND OTHERS
...Respondents
CORAM: HON'BLE MR. JUSTICE PARMOD GOYAL
Present: Mr. Devyansh, Advocate for
Mr. Nischal Chetanya Manchanda, Advocate
for the appellant.
Ms. Simranpreet Kaur Advocate for
Mr. R.S. Budhwar, Advocate
for respondents No.1 and 2.
Mr. Gopal Mittal, Advocate
for respondent No.3 (through VC).
PARMOD GOYAL, J. (ORAL)
Present appeals have been preferred by the appellants-claimants
being aggrieved by award dated 10.12.2002 passed by learned Motor
Accidents Claims Tribunal, Kurukshetra (hereinafter referred to as
‘ Tribunal ’) for enhancement of compensation . Since the present appeals
CHIRANJEEV SINGH
2026.10.31 12:34
I attest to the accuracy and
integrity of this document

FAO-476-2003 & FAO-477-2003 -2-
have arisen from common impugned award passed by learned Tribunal vide
which two claim petitions preferred on account of motor vehicular accident
dated 12.05.2000 caused by rash and negligent driving of respondent-driver
while driving tractor bearing registration No.HR-07D-6953 were decided
and since dispute involved in both the appeals are identical, they are being
decided by way of this common judgment. Gist of appeals/claim petitions is
given as under :-
Sr Case title before MACT Case Claim Compensation
No the MACT No. / Appeal No. pertains to awarded by
the Tribunal
1. Neeraj and Anr.
Vs. Om Parkash &
Ors.
MACT Case No.
209 of
2000/FAO
No.476 of 2003
Compensation
on account of
death of Saroj
Chopra by
minor (two)
sons
Rs.2,59,000/-
Rs.3,22,000/-
2. Ram Piari and Ors.
Vs. Om Parkash
& Ors.
MACT Case
No.210 of 2000/
FAO No.477 of
2003
Compensation
on account of
death of
Subhash
Chand by
minor (two)
sons and
mother.
2. Since in present appeal the only issue raised by appellants-
claimants is as regards to quantum of compensation and no appeal or cross-
objection challenging finding of negligence has been preferred by any of the
respondents, therefore, the detailed facts as regards to manner of accident
are not being noticed herein for the sake of brevity.
FAO No.476 of 2003
3. The claimants i.e. minor sons (two) of deceased -Saroj Chopra
(hereinafter referred to as ‘the deceased’) had filed the claim petition seeking
compensation. The learned Tribunal had assessed the dependency as
₹
1,500/- per month and had awarded following compensation accordingly :-
CHIRANJEEV SINGH
2026.10.31 12:34
I attest to the accuracy and
integrity of this document

FAO-476-2003 & FAO-477-2003 -3-
Income of deceased Rs.1,500/- per month
Multiplier 13
Loss of dependency Rs.2,34,000/-
(Rs.1,500 x 13 x 12)
Funeral expenses Rs.10,000/-
Treatment charges Rs.15,000/-
Total Compensation awarded Rs.2,59,000/-
4. The appellants-claimants have sought enhancement in
compensation awarded by the learned Tribunal on the following grounds:
•
That the Learned Tribunal has erred in not assessing the
income income of 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 no addition towards future prospects has been made
while calculating the loss of dependency. Future prospects
ought to have been added, as per the 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.
5. Learned counsel for the appellant-claimant asserted that the
deceased was earning Rs.30,000/- per month being a partner in M/s Neeraj
Industries village Kheri Markanda. In order to prove the pleaded income and
vocation of the deceased relaince has been placed on statement of Ram Piari
PW-3, who stated that the deceased was partner in M/s Neeraj Industries and
earned a lot from there. However, she has not stated the income of the
deceased. No material has been placed on record in the form of income tax
CHIRANJEEV SINGH
2026.10.31 12:34
I attest to the accuracy and
integrity of this document

FAO-476-2003 & FAO-477-2003 -4-
returns or partnership deed of the company to show that the deceased was
partner and to show the income pleaded. The income tax return of the
deceased ExPF was filed in August, 2000 which was after the death of the
deceased. Moreover, even said income tax return shows income from
interest and not due to management of partnership. Therefore, in absence of
any material to conclude income of deceased earned from her vocation,
income is taken as per minimum wages payable to a skilled worker in the
year 2000. Accordingly income of the deceased is taken as Rs.2,310/- per
month.
6. Admittedly, deceased was 48 years old at the time of accident
as per the post mortem report, she would be entitled to addition of 25%
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. In view of age of deceased to be 48 years, multiplier of
‘13’ 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 two in present case
i.e. two children. Accordingly, deduction to the extent of 1/3rd shall be
applicable.
7. The loss of dependency, therefore, has to be determined by
taking monthly income of deceased to be Rs.2,310/- by adding future
prospects to the extent of 25% , applying multiplier of ‘13’ and by making
deduction of 1/3rd towards personal expenses. Apart from compensation for
loss of dependency, appellants-claimants shall also be entitled to Rs . 15,000 /-
CHIRANJEEV SINGH
2026.10.31 12:34
I attest to the accuracy and
integrity of this document

FAO-476-2003 & FAO-477-2003 -5-
towards funeral expenses and Rs . 15,000 /- towards loss of estate .
Appellants-claimants shall be entitled to compensation of Rs . 40,000 /- each
towards loss of parental consortium . It is however made clear that in case
Hon’ble Supreme Court answer the 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
appellants-claimants, appellant-claimants shall be free to seek said amount
by moving appropriate application in this regard.
8. Accordingly, reworked compensation is as under :-
Income Rs.2,310/- Rs.2,310/-
per month per month
Future Prospects 25% Rs.2,887/-
(Rs.2,310+ 577)
Deduction 1/3rd Rs.1,925/-
(Rs.2,887 – 962)
Multiplier 13 13
Total loss of dependency Rs.1,925 x 12x 13 Rs.3,00,300/-
Loss of Estate Rs. 15,000/-
Funeral Expenses Rs.15,000/-
Loss of parental
consortium to claimant
Nos. 1 & 2
Rs.40,000 x 2 Rs.80,000/-
Total Compensation Rs.4,10,300/-
awarded in appeal
Total Compensation Rs.2,59,000/-
awarded by the Tribunal
Enhanced amount of Rs.4,10,300/- (awarded in
compensation appeal) – Rs.2,59,000/-
(awarded by the Tribunal)
Rs.1,51,300/-
FAO No.477 of 2003
9. The claimants i.e. the mother and minor sons (two) of deceased
–Subhash Chopra (hereinafter referred to as ‘the deceased’) had filed the
claim petition seeking enhancement in compensation. The learned Tribunal
had assessed the income of the deceased at Rs.3,000/- per month and had
CHIRANJEEV SINGH
2026.10.31 12:34
I attest to the accuracy and
integrity of this document

FAO-476-2003 & FAO-477-2003 -6-
awarded following compensation accordingly :-
Income of deceased Rs.3,000/- per month
Dependency Rs.2,000/-
Multiplier 13
Loss of dependency Rs.3,12,000/-
(Rs.1,500/- x 13 x 12)
Funeral expenses Rs.10,000/-
Total Compensation awarded Rs.3,22,000/-
10. The appellants-claimants have sought enhancement in
compensation awarded by the learned Tribunal on the following grounds:
•
That the Learned Tribunal has erred in not assessing the
income income of 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 no addition towards future prospects has been made
while calculating the loss of dependency. Future prospects
ought to have been added, as per the 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
and filial consortium, in accordance with the law laid down by
the Hon'ble Supreme Court.
11. Learned counsel for the appellants-claimants asserted that the
deceased was working as a radio mechanic and partner in M/s Chopra
industries village Kheri Markanda earning Rs.50,000/- per month. In order
to prove the pleaded income and vocation of the deceased reliance has been
placed on statement of Ram Piari PW-3, who stated that the deceased was a
radio mechanic and also a partner in M/s Chopra Industries. PW-3 has
placed on record copy of partnership deep ExPH showing that the deceased
CHIRANJEEV SINGH
2026.10.31 12:34
I attest to the accuracy and
integrity of this document

FAO-476-2003 & FAO-477-2003 -7-
was partner in M/s Chopra industries and copy of income tax return ExPL
for the year 1999-2000, wherein the income of deceased was mentioned as
Rs.1,08,910/- from business and Rs.40,000/- as agricultural income. Income
statement Ex.PL/1 shows that Rs.95,658/- includes income from interest and
Rs.15,252/- as income from commission business besides Rs.40,000/- as
agricultural income. The business income for the assessment year 1999-2000
was Rs.15,252/-. Therefore, by taking business income and agricultural
income of the deceased, the total income of the deceased from business as
well agriculture is taken as Rs.4,700/ per month.

12. Admittedly, deceased was 50 years old at the time of accident
as per the post mortem report, he would be entitled to addition of 10%
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. In view of age of deceased to be 50 years, multiplier of
‘13’ 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. mother and two children. Accordingly, deduction to the extent of 1/3rd
shall be applicable.
13. The loss of dependency, therefore, has to be determined by
taking monthly income of deceased to be Rs.4,700/- by adding future
prospects to the extent of 10 % , applying multiplier of ‘13’ and by making
deduction of 1/3rd towards personal expenses. Apart from compensation for
loss of dependency, appellants-claimants shall also be entitled to Rs . 15,000 /-
CHIRANJEEV SINGH
2026.10.31 12:34
I attest to the accuracy and
integrity of this document

FAO-476-2003 & FAO-477-2003 -8-
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 . Appellants-claimants No. 2 & 3 shall be
entitled to compensation of Rs . 40,000 /- each towards loss of parental
consortium It is however made clear that in case Hon’ble Supreme Court
answer the 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 appellants-claimants,
appellant-claimants shall be free to seek said amount by moving appropriate
application in this regard.
14. Accordingly, reworked compensation is as under :-
Income Rs.4,700/- Rs.4,700/-
per month per month
Future Prospects 10% Rs.5,170/-
(Rs.4,700 + 470)
Deduction 1/3rd Rs.3,447/-
(Rs.5,170 – 1723)
Multiplier 13 13
Total loss of Rs.3,447 x 12 x 13 Rs.5,37,732/-
dependency
Loss of Estate Rs. 15,000/-
Funeral Expenses Rs.15,000/-
Loss of filial
consortium to
claimant No. 1
Rs.40,000/-
Loss of parental
consortium to
claimant Nos. 1 & 2
Rs.40,000 x 2 Rs.80,000/-
Total Compensation Rs.6,87,732/-
awarded in appeal
Total Compensation
awarded by the
Tribunal
Rs.3,22,000/-
Enhanced amount of Rs.6,87,732 /- (awarded in
compensation appeal) – Rs.3,22,000/-
(awarded by the Tribunal)
Rs.3,65,732/-
CHIRANJEEV SINGH
2026.10.31 12:34
I attest to the accuracy and
integrity of this document

FAO-476-2003 & FAO-477-2003 -9-
15. The appellants-claimants shall be entitled to enhanced
compensation awarded in appeal along with 7.5% interest from the date of
filing of claim petition till realization (except under the conventional heads
i.e. loss of consortium, funeral expenses, loss of estate). Under conventional
heads interest shall be payable from August 2017 onwards till realization.
Apportionment and liability to pay compensation shall be as per award.
16. Appeals are accordingly allowed in above terms.
17. Pending miscellaneous application(s), if any, also stand(s)
disposed of accordingly.
18. Photocopy of this order be placed on the file of connected case.
(PARMOD GOYAL)
30.10.2026 JUDGE
Chiranjeev
Whether Speaking/Reasoned : Yes
Whether Reportable : Yes/No
CHIRANJEEV SINGH
2026.10.31 12:34
I attest to the accuracy and
integrity of this document