Fao No. 5774 of 2002 · Punjab And Haryana High Court · 2026

Learned Counsel for the appellants-claimants has asserted that no addition has been made towards future prospects which ought to be added to the extent of 40% in terms of judgment of Hon’ble Supreme Court in National Insurance Company Ltd. Vs. Pranay Sethi & Ors., 2017 (16) SCC 680. That appropriate amount of compensation needs to be granted under the head funeral expenses, loss of estate and loss of filial consortium in accordance with law laid down by Hon’ble Supreme Court.

#10. In the present case, deceased was aged about 21 years at the time of the accident and accordingly multiplier of ‘18’ would be applicable while determining loss of dependency. Keeping in view age of the deceased, 40% towards future prospects ought to be added to the income of the deceased in view of judgment of Hon’ble Supreme Court in National Insurance Company Ltd. Vs. Pranay Sethi & Ors. (supra). Since the deceased was a bachelor and survived by two dependents i.e parents, 50% deductions towards personal expenses needs to be made. Accordingly, appellants-claimants shall also be entitled to compensation for loss of filial consortium @ Rs.40,000/- each. Appellants-claimants shall also be entitled to Rs.15,000/- towards funeral expenses and Rs.15,000/- towards loss of FAO-5774-2002 -5- estate. 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, appellants shall be free to seek said amount by moving appropriate application in this regard.

#11. Accordingly, reworked compensation is as under :- Income Rs.6,000/- per month 40% (6,000 + 2,400) 50% (8,400 – 4,200) 18 Rs.4,200 x 12 x 18 Future Prospects Deduction Multiplier Total loss of dependency Loss of Estate Funeral Expenses Rs.6,000/- per Rs.8,400/- Rs.4,200/- 18 Rs.9,07,200/- Rs.15,000/- Rs.15,000/- Compensation Loss of filial consortium to claimant Nos.1 & 2 Total awarded in appeal Total awarded by the Tribunal Enhanced amount compensation Compensation Rs.40,000 x 2 Rs.80,000/- Rs.10,17,200/- Rs.7,22,000/- Rs.2,95,200/- Rs.10,17,200/- (awarded in appeal) – Rs.2,95,200/- (awarded by the Tribunal)

#12. Appellants-claimants shall be entitled to enhanced compensation along with 7.5% interest from the date of filing of claim petition till realization of compensation except under the conventional heads i.e. loss of consortium, funeral expenses, loss of estate. Under these heads interest shall be payable from August 2017. Apportionment and liability to pay compensation shall be as per award. FAO-5774-2002 -6-

#14. Present appeal is allowed in above terms. Pending application(s), if any, is/are disposed of accordingly.

03.07.2026 chiranjeev (PARMOD GOYAL) JUDGE Whether Speaking/Reasoned Whether Reportable : : Yes/No Yes/No