Punjab and Haryana High CourtCivil LawTransport, Maritime, and Aviation Law

Family Of 27-Year-Old Killed In Bus Accident Gets ₹1.58 Lakh More, Including Consortium For Parents And Siblings: P&H HC

Anita Devi And Othersv.Jasbir Singh And Others

Family Of 27-Year-Old Killed In Bus Accident Gets ₹1.58 Lakh More, Including Consortium For Parents And Siblings: P&H HC. Anita Devi And Others vs Jasbir Singh And Others. Punjab and Haryana High Court. LawLens
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In brief

The question

Whether the claimants were entitled to enhanced compensation for consortium, loss of estate and funeral expenses

The court held

The appeal was partly allowed.

It also directed

The total compensation was enhanced by Rs.1,58,000, from Rs.37,34,085 to Rs.38,92,085, with interest on the enhanced amount at the same rate and from the same date as ordered by the Tribunal.

Liability remained joint and several, with primary liability on respondent No.3, the insurer.

The Tribunal’s other findings were left undisturbed.

01Facts

Sandeep Singh, aged about 27, died on 25 August 2019 from injuries sustained in a bus accident on 14 August 2019.

p. 1

His mother, father, sister and brother sought compensation under Section 166 of the Motor Vehicles Act, 1988.

p. 1

The Motor Accident Claims Tribunal, Rupnagar, awarded Rs.37,34,085 with interest at 7% per annum.

p. 1

The claimants appealed, seeking enhancement under conventional heads and disputing the deceased’s assessed income.

pp. 1–3

The High Court condoned a 214-day delay in filing the appeal.

pp. 1–3

During argument, the claimants abandoned the challenge to the income assessment and confined their appeal to consortium, loss of estate and funeral expenses.

pp. 1–3

02Issues

i.Whether the claimants were entitled to enhanced compensation for consortium, loss of estate and funeral expenses

pp. 2–4 · ¶ 3, 6–9

ii.Whether the deceased’s assessed income required revision, where the claimants abandoned that challenge during the hearing

p. 3 · ¶ 6

03Law Applied

Section 166 of the Motor Vehicles Act, 1988 provides the basis for a claim for compensation arising from a motor accident.

The Court applied the principles in National Insurance Company Limited v. Pranay Sethi, (2017) 16 SCC 680, concerning compensation under conventional heads.

pp. 2–4 · ¶ 3, 7–9

Applying the enhanced amounts considered appropriate under those principles, the Court treated consortium as Rs.48,000 for each eligible claimant and loss of estate and funeral expenses as Rs.18,000 each.

pp. 2–4 · ¶ 3, 7–9

Provisions in the judgment · 1 · Linked ones open on LawLens

Motor Vehicles Act, 1988 Section 166

04Reasoning

The Tribunal had awarded Rs.40,000 as consortium to claimant No.1, and Rs.15,000 each for loss of estate and funeral expenses.

pp. 3–4 · ¶ 6–9

The Court held that claimant No.1 was entitled to an additional Rs.8,000 for consortium; claimants Nos.2–4 were each entitled to Rs.48,000 for consortium; and loss of estate and funeral expenses each required an additional Rs.3,000.

pp. 3–4 · ¶ 6–9

These adjustments produced total enhancement of Rs.1,58,000.

pp. 3–4 · ¶ 6–9

The Court did not reassess income because the claimants expressly gave up that ground after being confronted with the evidence that the deceased had died before joining the company relied upon.

pp. 3–4 · ¶ 6–9

05Holding

The appeal was partly allowed.

pp. 4–5 · ¶ 10–14

The total compensation was enhanced by Rs.1,58,000, from Rs.37,34,085 to Rs.38,92,085, with interest on the enhanced amount at the same rate and from the same date as ordered by the Tribunal.

pp. 4–5 · ¶ 10–14

Liability remained joint and several, with primary liability on respondent No.3, the insurer.

pp. 4–5 · ¶ 10–14

The Tribunal’s other findings were left undisturbed.

pp. 4–5 · ¶ 10–14
Punjab and Haryana High Court

Original Court PDF

Anita Devi And OthersvsJasbir Singh And Others

Punjab and Haryana High Court · November 12, 2026

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