29.09.2025 Dat Harmesh Kaur an aur and others v. CORAM : HON HON'BLE
Case Details
FAO-4385-2002 2002 (O&M) -1- IN THE THE HIGH COURT OF PUNJAB NJAB AND HARYANA AT ARH CHANDIGARH 230 FAO FAO No.4385 of 2002 (O&M) Date of Decision:29.09.2025 Dat Harmesh Kaur an aur and others ...Appellants Bhagwan Singh a ingh and others ents ... Respondents Versus CORAM : HON HON'BLE MR. JUSTICE AMAR MARINDER SINGH GREWAL Mr. Divyam Suri, Advocate for Present: Mr. Mr. Ishwar Lal Advocate Mr. for the appellants. for t Mr. Sanjay Khan, Advocate Mr. for respondent No.1. for r Mr. Rajesh Verma, Advocate Mr. for respondent No.2. for r Mrs. Shamsher Kaur, Advocate Mrs for respondent No.3- Insurance Com for r e Company. **** *** AMARINDER S RAL) DER SINGH GREWAL, J. (ORAL) 1. The present appeal has been prefe The preferred by the appellants-claimant imants against the impu e impugned award dated 05.06.2002 6.2002 passed by the learned Moto Motor Accident Claims laims Tribunal, Patiala (for short 8the rt 8the learned Tribunal9) whereby th the Tribunal had gran ad granted a compensation of Rs.1,78,0 12 % .1,78,000/- along with interest @ 12 % per annum. 2.
Facts
Succinctly, the facts of the case are t Succ ceased, se are that on 21.07.2000, the deceased Lakhdev Singh, ingh, aged about 18 years, was ridin s riding a motorcycle along with on one Jaspreet Singh. W ingh. While crossing Shambu Petrol P den by etrol Pump, the motorcycle ridden by the deceased wa ed was struck by a bus bearing reg 9345, ng registration number PB-11C-9345 driven by respo espondent No.1 and owned by A ra i.e. by Akal Bus Service, Rajpura i.e PANKAJ KUMAR 2025.10.18 15:30 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh FAO-4385-2002 2002 (O&M) -2- respondent No.2. t No.2. The accident occurred due to r ue to rash and negligent driving of th of the bus driver, result resulting in the death of Lakhdev Sing sed had v Singh (deceased). The deceased had passed his 10+2 10+2 examination and was workin orking part-time in a PCO with hi ith his maternal uncle n ncle namely Jaspreet Singh. The incom ssessed e income of the deceased was assessed by the Tribunal bunal to be Rs.1000/- per month, th nth, though it was contended that hi hat his actual earning w g was Rs.5,000/- per month. The award The learned Tribunal vide its award dated 05.06.200 6.2002 awarded a compensation o aid by tion of Rs.1,78,000/- to be paid by respondents joint ts jointly and severally along with inter th interest @12% per annum. 3.
Legal Reasoning
, in view of the ratio decidendi culled culled out by the Hon9b Hon9ble Supreme Court in National onal Insurance Co. Ltd. Vs. Prana ranay Sethi (2017) 16 ) 16 SCC 680. The deceased was a was aged 23 years and therefore, th the appropriate multi multiplier suitable to the age of the d f the deceased would be 18, as per th per the judgment render rendered by the Hon9ble Supreme DTC Court in Sarla Verma Vs. DTC (2009) 6 SCC 1. C 1. Therefore, the loss of dependen endency would come to Rs.6,04,800/ ,800/-. Further, the ap he appellants-claimants will also also be entitled to loss of filia f filial consortium/loss o /loss of love and affection (Rs.40,00 .40,000x4), loss of estate (Rs.15000/ 5000/-) and funeral expe l expenses (Rs.15,000) with enhancem years, ancement @10% in every three years as per the judgme judgment passed by the Hon9ble Supre Supreme Court in Pranay Sethi9s cas s case (supra). Thus, the us, the appellants-claimants shall be e ll be entitled to a total compensation o ation of Rs.8,34,700/- (Rs (Rs.6,04,800/-+1,93,600+18,150x2 ,150x2). 8. The enhanced compensation i.e. ov The nsation i.e. over and above the compensation awarded by the l y the learned Tribunal shall also attrac m from attract interest @9% per annum from the date of filin f filing of the petition till realization lization, payable by respondent No. t No.3- insurance compa company to the appellants-claimants in ants in equal ratio. The finding of th of the learned Tribunal ibunal qua recovery of the amount of of compensation by the insuranc surance company from re rom respondents No.1 and 2 shall rema ll remain intact. PANKAJ KUMAR 2025.10.18 15:30 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh FAO-4385-2002 2002 (O&M) -5- 9. In view of the aforesaid facts and c In v passed s and circumstances, the award passed by the learned Tr ned Tribunal is modified and the prese e present appeal is allowed to the abov e above extent. September 29, 2 Pankaj* , 2025 (AMARIN ARINDER SINGH GREWAL) JUDGE ned Whether speaking/reasoned Whether reportable : : Yes/No Yes/No PANKAJ KUMAR 2025.10.18 15:30 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh
Arguments
Learned counsel for the appellants- Lear award -claimants contends that the award dated 05.06.2002 02 granting compensation of Rs. 12% of Rs.1,78,000/- with interest @ 12% per annum is wh is wholly inadequate and contrary to ary to the settled principles of law. It i w. It is urged that the l learned Tribunal erred in assessin ssessing the income of the deceased a ased at Rs.1000/- per mo per month, despite evidence that he w month t he was earning Rs.5,000/- per month while working in ing in a PCO with his maternal uncle l uncle, and even otherwise the incom income should not hav ot have been taken below the minim minimum wages of a labourer. Th The component of fut future prospects has also not been bmitted t been provided. It is further submitted that the learned rned Tribunal wrongly applied a mul ping in a multiplier of 14, whereas keeping in view the fact that ct that the deceased was aged 18 years er of 18 8 years, the appropriate multiplier of 18 ought to have have been applied. The learned award rned Tribunal also failed to award compensation tow ion towards loss of love and affection dingly, ection and loss of estate. Accordingly it is prayed th ed that the award be suitably mo ly modified to grant just and fai nd fair compensation to ion to the claimants-appellants. 4. On the contrary, learned counsels On t appearing for respondents submi submit that the award pa ard passed by the learned Tribunal doe ence by nal does not require any interference by PANKAJ KUMAR 2025.10.18 15:30 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh FAO-4385-2002 2002 (O&M) -3- this Court, as the as the same has been passed by correc nce led correctly appreciating the evidence led before it. 5. Having considered the rival subm Hav submissions and upon a meticulou iculous perusal of the re the record, with the able assistance o parties, ance of learned counsel for the parties this Court is of t is of the considered view that the imp 6.2002, the impugned award dated 05.06.2002 passed by the lea the learned Tribunal, does not fully co lly conform to the settled principles o iples of law governing ju ing just and equitable compensation to the appellants-claimants. 6. While awarding a compensation Whi learned sation of Rs.1,78,000/-, the learned Tribunal took the ok the income of the deceased as Rs.1 r of 14 as Rs.1000/-, applied a multiplier of 14 and awarded Rs.1 ed Rs.10,000/- for last rites. 7. The deceased was stated to be a stu The is 10+2 e a student, who had passed his 10+2 examination. In In the case of death of a student tudent, there are catena of judgment gments wherein while a hile awarding compensation, the Co Courts have assessed the notiona otional income of the de the deceased-student by taking into c into consideration various factors viz ors viz; the status of the of the school in which the deceased w ased was studying, the course he wa he was pursuing, how br ow bright a student he was based on ed on the marks he scored and chance hances of his securing e ring employment based on the studies studies he was pursuing. The Hon9bl on9ble Supreme Court in ourt in the judgment passed in Navjo h and avjot Singh Vs. Harpreet Singh and others 2020 (3) (3) RCR (Civil) 216 has held tha eld that notional income of a studen student undergoing a Deg a Degree course in Engineering from g from a premier institute should not not be taken to be equiv equivalent to the minimum wages ad ges admissible to an unskilled worker worker. A Division Benc n Bench of the Madras High Court Court in S.Chinnaraj and others Vs s Vs. Suresh Kumar a ar and others (C.M.A. No. 1826 o 1826 of 2018 decided on 17.12.2018 2.2018) assessed the not he notional income of a student of nt of 12th class, who died in a road a road accident, as Rs.1 s Rs.10,000/- per month, considerin idering the fact that he was a brigh bright PANKAJ KUMAR 2025.10.18 15:30 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh FAO-4385-2002 2002 (O&M) -4- student. Keepin eeping in view the fact that no evid rd with o evidence was placed on record with respect to acade academic performance of the deceas deceased, who had passed 10+2, thi 2, this Court finds it a s it appropriate to assess the notio notional income of the deceased a sed as Rs.4000/- per m per month and make a deduction of al and ion of one half towards personal and living expenses enses. There shall be an additional i ional increase of 40% towards futur future prospectus on th on the income of the deceased, in vi