Fateena And Others vs Ahmed Hasan And Others

FAO-3199-2026 :1:
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
FAO-3199-2026 (O&M)
RESERVED ON:15.10.2026
PRONOUNCED ON:31.10.2026
UPLOADED ON: 31.10.2026
FATEENA AND OTHERS
...... Appellants
VERSUS
AHMED HASAN AND OTHERS
...... Respondents
CORAM : HON'BLE MR. JUSTICE DEEPINDER SINGH NALWA
Present :- Mr. Kunal Phogat, Advocate
for the appellants.
Mr. Punit Jain, Advocate
for respondent No.3.
*
Deepinder Singh Nalwa, J.
1. The present appeal has been filed by the appellants-claimants
against the award dated 05.02.2026 passed by the Motor Accident Claims
Tribunal, Nuh (hereinafter referred to as 'the Tribunal'), seeking
enhancement of compensation.
2. Brief facts of the case are that on 16.02.2022, Jiya Ul Haq and
his cousin namely, Lukman (since deceased), were going from their village,
Luhingakalan, to village Badha, on motorcycle bearing registration
No.HR93-4366 for their personal work. At about 4.30 p.m., they reached
just ahead of Patel Bhatta and stopped their Motorcycle on the side of the
road for call of nature. Lukman was standing near the motorcycle, in the
meantime, a school bus bearing registration number HR-74-B-2312
(hereinafter referred to as 'the offending vehicle'), being driven by Ahmed
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FAO-3199-2026 :2:
Hasan at a high speed and in a rash and negligent manner, hit Lukman
(since deceased) as well as the motorcycle due to which Lukman (since
deceased) received fatal and grievous injuries. The driver of the
offending vehicle stopped the vehicle and thereafter, fled away from the spot
along with the offending vehicle. Lukman (since deceased) was taken to the
hospital where the doctor declared him as dead. The parents, brother and
sister of Lukman (since deceased) filed a claim petition for grant of
compensation before the Tribunal.
3. The driver and owner of the offending vehicle filed a joint
written statement, controverting the case of the claimants and pleaded that
no such accident was caused by the driver while driving the offending
vehicle. It was also pleaded that as the vehicle was insured with respondent
No.3-Insurance Company, the Insurance company was liable to pay the
compensation if claim petition filed by the claimants is allowed.
4. The Insurance Company also filed a separate written statement,
alleging that the offending vehicle had been falsely planted in the case by the
claimants in connivance with the police authorities. It was also the case of
the Insurance Company that the accident took place because of negligence
on the part of the deceased-Lukman. It was further pleaded that the driver of
the offending vehicle did not possess the valid driving licence and in fact
violated the terms and conditions of the Insurance policy as such, the
Insurance Company was not liable to pay compensation.
5. The Tribunal decided the claim petition in favour of the
claimants vide award dated 05.02.2026. As per the award passed by the
Tribunal, the claimants were held entitled for grant of compensation of
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FAO-3199-2026 :3:
amount of Rs.14,37,800/-, recoverable jointly and severally from the driver,
owner and Insurance company along with interest at the rate of 7.5% per
annum from the date of institution of the claim petition till actual realisation
of the compensation.
6. Out of the awarded amount of compensation, the parents of the
deceased were held entitled for equal shares of compensation. It was
directed that 50% of the share of both the parents was to be deposited in a
fixed deposit scheme of a nationalized bank fetching maximum rate of
interest and their remaining share be deposited in their respective savings
bank account within a period of 3 months. A perusal of the award would
further show that the brother and sister of Lukman (since deceased) were not
held entitled for any share from the compensation as awarded by the
Tribunal.
7. Aggrieved against the award dated 05.02.2026 passed by the
Tribunal, the claimants-mother, father, brother and sister of the deceased-
Lukman, have filed the present appeal.
8. Learned counsel appearing on behalf of the appellants-
claimants submits that a perusal of the award would show that while
awarding compensation to the appellants-claimants, minimum wages at the
rate of Rs.9000/- per month has been taken into consideration. Learned
counsel submits that the above said income has been taken into
consideration on the basis of presumption. He further submits that if there is
no documentary proof available to show the income of the deceased, in that
case, the minimum wages for unskilled worker/labourer fixed by the State at
the time of accident, has to be taken into consideration, while assessing the
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FAO-3199-2026 :4:
income of the deceased. Learned counsel submits that the date of accident
was 16.02.2022, and as per the notification dated 08.04.2022, issued by the
State of Haryana, which was w.e.f. 01.01.2022, the minimum wages fixed
for an unskilled worker/labourer, was Rs.10098.88. The learned counsel
submits that the above said minimum wages fixed by the State of Haryana,
should have been taken into consideration by the Tribunal, while assessing
the income/salary of the deceased, Lukman.
9. The learned counsel also submits that all appellants-claimants,
were entitled for grant of compensation under the head of loss of
consortium. The learned counsel submits that the Tribunal has only granted,
an amount of Rs.44,000/-, under the head of loss of consortium. As per the
learned counsel, each of the appellants-claimants are entitled for grant of
compensation under the head of loss of consortium at the rate of Rs.44,000/.
10. Learned counsel appearing on behalf of Insurance Company
submits that the compensation awarded by the Tribunal to the appellants-
claimants, is adequate and in accordance with law and, as such, the present
appeal is liable to be dismissed.
11. I have heard learned counsel for the parties and have gone
through the case file with their able assistance.
12. A perusal of the award passed by the Tribunal would show that
the income of the deceased, Lukman has been taken as Rs.9000/- per month
on the basis of presumption by the Tribunal. It is well settled law that if there
is no documentary evidence available to show the income/salary of the
deceased, the minimum wages fixed by the State in respect of relevant
District for unskilled worker/labourer on the date of accident has to be taken
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FAO-3199-2026 :5:
into consideration while assessing the income/salary of the deceased. It is
not in dispute that on the date of accident, i.e. 16.02.2022, in the case of
unskilled labour/workmen, the minimum wages applicable, as fixed by the
State of Haryana in District Nuh was Rs.10,098.88 per month, which upon
rounding off, comes to Rs.10099/- per month. In light of the above said
facts, the income/salary of the deceased has to be taken as Rs.10,099/- per
month.
13. In regard to the contention raised by the learned counsel
appearing on behalf of the appellants-claimants that all the appellants-
claimants are entitled for compensation under the head of loss of consortium
is concerned, it is well settled law that all the claimants individually, are
entitled for grant of compensation under the head of loss of consortium.
14. Reliance is made to the judgement passed by Hon'ble the
Supreme Court of India in Magma General Insurance Co. Ltd. Vs.
Nanu Ram @ Chuhru Ram and others. In the abovesaid judgment,
Hon’ble the Supreme Court of India has held that family members of the
deceased are entitled for compensation under the head of loss of
consortium. Relevant extract of the judgment is reproduced
below:-
“ 8.7 A Constitution Bench of this Court in Pranay Sethi
(supra) dealt with the various heads under which compensation is to be
awarded in a death case. One of these heads is Loss of Consortium.
In legal parlance, “consortium” is a compendious term which
encompasses ‘spousal consortium’, ‘parental consortium’ and ‘filial
consortium’.
The right to consortium would include the company,
care, help, comfort, guidance, solace and affection of the deceased, which
is a loss to his family. With respect to a spouse, it would include sexual
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relations with the deceased spouse. Rajesh and Ors. V. Rajbir Singh and
Ors. (2013) 9 SCC 54.
Spousal consortium is generally defined as rights
pertaining to the relationship of a husband-wife which allows
compensation to the surviving spouse for loss of “company, society, co-
operation, affection, and aid of the other in every conjugal relation”
Parental consortium is granted to the child upon the
premature death of a parent, for loss of “parental aid, protection,
affection, society, discipline, guidance and training.”
Filial consortium is the right of the parents to
compensation in the case of an accidental death of a child. An accident
leading to the death of a child causes great shock and agony to the
parents and family of the deceased. The greatest agony for a parent is to
lose their child during their lifetime. Children are valued for their love,
affection, companionship and their role in the family unit.
Consortium is a special prism reflecting changing
norms about the status and worth of actual relationships. Modern
jurisdictions world-over have recognized that the value of a child’s
consortium far exceeds the economic value of the compensation awarded
in the case of the death of a child. Most jurisdictions therefore permit
parents to be awarded compensation under loss of consortium on the
death of a child. The amount awarded to the parents is a compensation
for loss of the love, affection, care and companionship of the deceased
child.
The Motor Vehicles Act is a beneficial legislation aimed
at providing relief to the victims or their families, in cases of genuine
claims. In case where a parent has lost their minor child, or unmarried
son or daughter, the parents are entitled to be awarded loss of consortium
under the head of Filial Consortium.
Parental Consortium is awarded to children who lose
their parents in motor vehicle accidents under the Act.”
15. In light of the above said facts and judgement referred above,
the award dated 05.02.2026 passed by the Tribunal is modified and the
appellants-claimants are entitled for grant of enhanced compensation, which
is re-assessed hereunder:-
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FAO-3199-2026 :7:
Assessment
Date of Accident 16.02.2022
Age of deceased 21 years
Income Min. wages for unskilled worker
Claimants parents and siblings
1. Annual Income Rs.1,21,188/-
(Rs.10,099/- per month)
2. Future prospects @ 40% Rs.1,69,663/-
Rs.1,21,188/- (+) Rs.48,475/-
3. Deduction for personal and living expenses
th
(1/3 )
Rs.1,69,663/- (-) Rs.56,554/-
Rs.1,13,109/-
4. Multiplier 18
5. Total loss of dependency Rs.20,35,962/-
Rs.1,13,109/- (x) 18
6. Loss of Estate Rs.16,500/-
7. Funeral Expenses Rs.16,500/-
8. Loss of consortium Rs.1,76,000/-
44,000 x 4
9. Amount awarded by Tribunal Rs.14,37,800/-
10. Enhanced amount Rs.8,07,162/-
11. Final enhanced compensation Rs.22,44,962/-
16. Respondent No.3-Insurance Company is directed to deposit the
final enhanced compensation, as determined above, with the Tribunal within
a period of two months, from the date of passing of the order. The Tribunal
is directed to disburse an amount of Rs.44,000/- each to appellants-claimants
No.3 and 4 out of final enhanced compensation. Since appellant-claimant
No.3 is a minor, the above said compensation should be deposited in an
FDR, in a nationalized bank, fetching maximum rate of interest, until
appellant-claimant No.3, attains the age of majority.
17. The remaining balance of final enhanced compensation shall be
disbursed to appellants-claimants No.1 and 2 as apportioned by the Tribunal.
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The appellants-claimants are directed to furnish the bank account details to
the Tribunal.
18. In view of above, the present appeal is allowed in above said
terms.
19. Pending application(s), if any, shall also stand(s) disposed of
accordingly.
(DEEPINDER SINGH NALWA)
31.10.2026 JUDGE
Rimpal
Whether speaking/reasoned Yes/No
Whether Reportable : Yes/No
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