Punjab And Haryana At Chandigarh High Court · 2026

HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJ CORAM: HON'BLE MR. JUSTICE HARKESH MANUJ Present: None for the appellant. None for the appellant. Mr. Mr. Paul S. Saini, Advocate Insurance Company. for respondent No.3-Insurance Company. for respondent No.3 **** HARKESH MANUJA, J. HARKESH MANUJA, J.

#1. The present appeal has been preferred by the appellant/claimant under The present appeal has been preferred by the appellant/claimant under The present appeal has been preferred by the appellant/claimant under The present appeal has been preferred by the appellant/claimant under Section 173 of the Motor Vehicles Act, 1988, challenging the award dated Section 173 of the Motor Vehicles Act, 1988, challenging the award dated Section 173 of the Motor Vehicles Act, 1988, challenging the award dated Section 173 of the Motor Vehicles Act, 1988, challenging the award dated

09.07.2018 passed by the learned Motor Accident Claims Tribunal, Sonipat (for 09.07.2018 passed by the learned Motor Accident Claims Tribunal, Sonipat (for 09.07.2018 passed by the learned Motor Accident Claims Tribunal, Sonipat (for 09.07.2018 passed by the learned Motor Accident Claims Tribunal, Sonipat (for short, “the Tribunal”), whereby compensation to the tune Rs. 12,39,600/ short, “the Tribunal”), whereby com pensation to the tune Rs. 12,39,600/- along with interest @ 7.5% per annum was awarded on account of death of Jai Bhagwan with interest @ 7.5% per annum was awarded on account of death of Jai Bhagwan with interest @ 7.5% per annum was awarded on account of death of Jai Bhagwan with interest @ 7.5% per annum was awarded on account of death of Jai Bhagwan in a motor vehicular accident dated 28.03.2017. in a motor vehicular accident dated 28.03.2017. in a motor vehicular accident dated 28.03.2017.

#2. As sole issue for determination in the present appeal is confined to As sole issue for determination in the present appeal is confined to As sole issue for determination in the present appeal is confined to As sole issue for determination in the present appeal is confined to um of compensation awarded by the Tribunal, a detailed narration of facts of quantum of compensation awarded by the Tribunal, a detailed narration of facts of um of compensation awarded by the Tribunal, a detailed narration of facts of um of compensation awarded by the Tribunal, a detailed narration of facts of the case is not reproduced herein for the sake of brevity. the case is not reproduced herein for the sake of brevity. the case is not reproduced herein for the sake of brevity. FAO NO.16275 OF 20 2018 (O&M) 2 ARGUMENTS ON BEHALF OF LEARNED COUNSEL FOR THE ARGUMENTS ON BEHALF OF LEARNED COUNSEL FOR THE ARGUMENTS ON BEHALF OF LEARNED COUNSEL FOR THE ARGUMENTS ON BEHALF OF LEARNED COUNSEL FOR THE APPELLANT/CLAIMANT. APPELLANT/CLAIMANT.

#3. It is pleaded in the appeal that the inco It is me of the deceased was that the income of the deceased was assessed on the lower side. It is further pleaded assessed on the lower side. It that the deceased was earning is further pleaded that the deceased was earning ₹23,000/- per month as helper agriculturist. It was further averred that no per month as helper-cum-agriculturist. It was further averred that no agriculturist. It was further averred that no amount was awarded towards loss of consortium, medical expenses, loss of amount was awarded towards loss of consortium, medical expenses, loss of amount was awarded towards loss of consortium, medical expenses, loss of amount was awarded towards loss of consortium, medical expenses, loss of expectation of life and other conventional heads. The appellant also challenged the expectation of life and other conventional heads. The appellant also challenged the expectation of life and other conventional heads. The appellant also challenged the expectation of life and other conventional heads. The appellant also challenged the rate of interest awarded by the learned Tribunal as being inadequate and contrary rate of interest awarded by the learned Tribunal as being inadequate and contrary rate of interest awarded by the learned Tribunal as being inadequate and contrary rate of interest awarded by the learned Tribunal as being inadequate and contrary to the settled principles of law, therefore, prayed that the award of the Tribunal be to the settled principles of law, therefore, prayed that the award of the Tribunal be to the settled principles of law, therefore, prayed that the award of the Tribunal be to the settled principles of law, therefore, prayed that the award of the Tribunal be ably modified in accordance with law. suitably modified in accordance with law. ARGUMENTS ON BEHALF OF LEARNED COUNSEL FOR ARGUMENTS ON BEHALF OF LEARNED COUNSEL FOR ARGUMENTS ON BEHALF OF LEARNED COUNSEL FOR ARGUMENTS ON BEHALF OF LEARNED COUNSEL FOR RESPONDENT No.3/INSURANCE COMPANY. RESPONDENT No.3/INSURANCE COMPANY. RESPONDENT No.3/INSURANCE COMPANY.

#4. Per contra, learned counsel representing respondent No. 3/Insurance Per contra, learned counsel representing respondent No. 3/Insurance Per contra, learned counsel representing respondent No. 3/Insurance Per contra, learned counsel representing respondent No. 3/Insurance negligence of the Company, neither refuted the factum of accident nor even the negligence of the Company, neither refuted the factum of accident nor even the Company, neither refuted the factum of accident nor even the offending vehicle, however submitted that in the facts and circumstances of the offending vehicle, however submitted that in the facts and circumstances of the offending vehicle, however submitted that in the facts and circumstances of the offending vehicle, however submitted that in the facts and circumstances of the present case, the compensation assessed by the learned Tribunal called for no present case, the compensation assessed by the learned Tribunal called for no present case, the compensation assessed by the learned Tribunal called for no present case, the compensation assessed by the learned Tribunal called for no interference. DISCUSSION AND REASONING DISCUSSION AND REASONING

#5. I have heard learned counsel for the I have heard learned counsel f and perused the or the respondent and perused the book of the case. paper-book of the case. QUESTION OF INCOME ASSESSED QUESTION OF INCOME ASSESSED

#6. The appellant/claimant asserted that the deceased was earning The appellant/claimant asserted that the deceased was earning The appellant/claimant asserted that the deceased was earning The appellant/claimant asserted that the deceased was earning ₹23,000/- per month from employment as a helper and agricultural activities. per month from employment as a helper and agricultural activities. per month from employment as a helper and agricultural activities. per month from employment as a helper and agricultural activities. However, neither any salary certificate nor the testimony of the employer nor any However, neither any salary certificate nor the testimony of the employer nor any However, neither any salary certificate nor the testimony of the employer nor any However, neither any salary certificate nor the testimony of the employer nor any FAO NO.16275 OF 20 2018 (O&M) 3 documentary evidence regarding agricultural income was produced on record. It is documentary evidence regarding agricultural income was produced on record. It is documentary evidence regarding agricultural income was produced on record. It is documentary evidence regarding agricultural income was produced on record. It is well settled that where there is no cogent and reliable evidence regarding the actual where there is no cogent and reliable evidence regarding the actual where there is no cogent and reliable evidence regarding the actual earnings of the deceased, the Tribunal is justified in assessing the income on the earnings of the deceased, the Tribunal is justified in assessing the income on the earnings of the deceased, the Tribunal is justified in assessing the income on the earnings of the deceased, the Tribunal is justified in assessing the income on the basis of minimum wages. However, this Court finds that while determining the basis of minimum wages. However, this Court finds that while determining the basis of minimum wages. However, this Court finds that while determining the basis of minimum wages. However, this Court finds that while determining the learned Tribunal treated him as an unskilled labourer income of the deceased, the learned Tribunal treated him as an unskilled labourer learned Tribunal treated him as an unskilled labourer income of the deceased, the and assessed his income at ₹8,000/- per month. The evidence on record shows that per month. The evidence on record shows that per month. The evidence on record shows that and assessed his income at the deceased was working as a helper on a commercial vehicle and was also the deceased was working as a helper on a commercial vehicle and was also the deceased was working as a helper on a commercial vehicle and was also the deceased was working as a helper on a commercial vehicle and was also t be equated with unskilled manual engaged in agricultural activities which cannot be equated with unskilled manual t be equated with unskilled manual engaged in agricultural activities labour, as cultivation of land requires experience, knowledge and specialized skills labour, as cultivation of land requires experience, knowledge and specialized skills labour, as cultivation of land requires experience, knowledge and specialized skills labour, as cultivation of land requires experience, knowledge and specialized skills relating to sowing, irrigation, crop management and harvesting. An agriculturist, relating to sowing, irrigation, crop management and harvesting. An agriculturist, relating to sowing, irrigation, crop management and harvesting. An agriculturist, relating to sowing, irrigation, crop management and harvesting. An agriculturist, er for the purpose of assessing therefore, falls within the category of a skilled worker for the purpose of assessing therefore, falls within the category of a skilled work therefore, falls within the category of a skilled work notional income. notional income.

6.1 In these circumstances, although the claimants have failed to prove In these circumstances, although the claimants have failed to prove In these circumstances, although the claimants have failed to prove In these circumstances, although the claimants have failed to prove the specific income of ₹23,000/- per month as pleaded, the assessment made by the per month as pleaded, the assessment made by the per month as pleaded, the assessment made by the the specific income of e to an unskilled labourer cannot Tribunal on the basis of minimum wages payable to an unskilled labourer cannot Tribunal on the basis of minimum wages payabl Tribunal on the basis of minimum wages payabl be sustained. Keeping in view the nature of avocation of the deceased, his be sustained. Keeping in view the nature of avocation of the deceased, his be sustained. Keeping in view the nature of avocation of the deceased, his be sustained. Keeping in view the nature of avocation of the deceased, his engagement in agricultural work and the prevailing rates of minimum wages engagement in agricultural work and the prevailing rates of minimum wages engagement in agricultural work and the prevailing rates of minimum wages engagement in agricultural work and the prevailing rates of minimum wages ppropriate to applicable to skilled workers at the relevant time, this Court deems it appropriate to applicable to skilled workers at the relevant time, this Court deems it a applicable to skilled workers at the relevant time, this Court deems it a assess the monthly income of the deceased at ₹ assess the monthly income of the deceased at ₹9,500/- per month for the purpose per month for the purpose of computation of compensation. of computation of compensation. QUESTION OF FUTURE PROSPECTS, MULTIPLIER AND DEDUCTION QUESTION OF FUTURE PROSPECTS, MULTIPLIER AND DEDUCTION QUESTION OF FUTURE PROSPECTS, MULTIPLIER AND DEDUCTION QUESTION OF FUTURE PROSPECTS, MULTIPLIER AND DEDUCTION TOWARDS PERSONAL EXPENSES TOWARDS PERSONAL EXPENSES

#7. The deceased was aged 24 years and self The deceased was aged addition years and self-employed, thus addition n view of towards future prospects to the extent of 50% is liable to be granted in view of towards future prospects to the extent of 50% is liable to be granted towards future prospects to the extent of 50% is liable to be granted “National Insurance Co. Ltd. v. Pranay judgment of Hon’ble Supreme Court in “National Insurance Co. Ltd. v. Pranay “National Insurance Co. Ltd. v. Pranay judgment of Hon’ble Supreme Court in FAO NO.16275 OF 20 2018 (O&M) 4 Sethi,” reported as Since, the deceased was unmarried, reported as 2017 (16) SCC 680. Since, the deceased was unmarried, Since, the deceased was unmarried, towards personal and living expenses is in consonance with the deduction of 50% towards personal and living expenses is in consonance with the towards personal and living expenses is in consonance with the deduction of 50% law laid down in “Sarla Verma v. Delhi Transport Corporation,” law laid down in reported as “Sarla Verma v. Delhi Transport Corporation,” reported as 2009 (3) RCR (Civil) 77. However, the said rule is not inflexible 2009 (3) RCR (Civil) 77 and is subject to . However, the said rule is not inflexible and is subject to the facts and circumstances of each case. In the present matter, the evidence on the facts and circumstances of each case. In the present matter, the evidence on the facts and circumstances of each case. In the present matter, the evidence on the facts and circumstances of each case. In the present matter, the evidence on record reflects that the mother of the deceased was wholly dependent upon him for record reflects that the mother of the deceased was wholly dependent upon him for record reflects that the mother of the deceased was wholly dependent upon him for record reflects that the mother of the deceased was wholly dependent upon him for her maintenance. Further, the brothers of the deceased have been impleaded as her maintenance. Further, the brothers of the deceased have been impleaded her maintenance. Further, the brothers of the deceased have been impleaded her maintenance. Further, the brothers of the deceased have been impleaded proforma respondents, one of whom was only 22 years of age at the relevant time proforma respondents, one of whom was only 22 years of age at the relevant time proforma respondents, one of whom was only 22 years of age at the relevant time proforma respondents, one of whom was only 22 years of age at the relevant time and was also dependent upon the earnings of the deceased. In the Indian social and was also dependent upon the earnings of the deceased. In the Indian social and was also dependent upon the earnings of the deceased. In the Indian social and was also dependent upon the earnings of the deceased. In the Indian social milieu, an unmarried earning son ordinarily contributes a substantial portion of his milieu, an unmarried earning son ordinarily contributes a substantial portion of his milieu, an unmarried earning son ordinarily contributes a substantial portion of his milieu, an unmarried earning son ordinarily contributes a substantial portion of his owards the upkeep and welfare of his family members, particularly his income towards the upkeep and welfare of his family members, particularly his owards the upkeep and welfare of his family members, particularly his owards the upkeep and welfare of his family members, particularly his widowed mother and younger siblings. Thus, it would be unrealistic to presume widowed mother and younger siblings. Thus, it would be unrealistic to presume widowed mother and younger siblings. Thus, it would be unrealistic to presume widowed mother and younger siblings. Thus, it would be unrealistic to presume that the deceased was spending as much as 50% of his earnings exclusively upon that the deceased was spending as much as 50% of his earnings exclusively upon that the deceased was spending as much as 50% of his earnings exclusively upon that the deceased was spending as much as 50% of his earnings exclusively upon ances indicate that a larger share of his income was himself. Rather, the circumstances indicate that a larger share of his income was ances indicate that a larger share of his income was himself. Rather, the circumst being utilized to discharge his familial and filial obligations towards the being utilized to discharge his familial and filial obligations towards the being utilized to discharge his familial and filial obligations towards the being utilized to discharge his familial and filial obligations towards the dependants. Accordingly, this Court is of the considered view that a deduction of dependants. Accordingly, this Court is of the considered view that a deduction of dependants. Accordingly, this Court is of the considered view that a deduction of dependants. Accordingly, this Court is of the considered view that a deduction of of the deceased would be just, fair 40% towards the personal and living expenses of the deceased would be just, fair 40% towards the personal and living expenses 40% towards the personal and living expenses and reasonable, while treating the remaining 60% of the income as contribution and reasonable, while treating the remaining 60% of the income as contribution and reasonable, while treating the remaining 60% of the income as contribution and reasonable, while treating the remaining 60% of the income as contribution The multiplier towards the family for the purpose of assessing loss of dependency. The multiplier towards the family for the purpose of assessing loss of dependency. towards the family for the purpose of assessing loss of dependency. Sarla of ‘18’ applied by the Tribunal is in consonance with law laid down in Sarla of ‘18’ applied by the Tribunal is in consonance with law of ‘18’ applied by the Tribunal is in consonance with law and does not call for interference. Verma’s case (supra) and does not call for interference. Verma’s case (supra) QUESTION OF COMPENSATION UNDER CONVENTIONAL HEADS QUESTION OF COMPENSATION UNDER CONVENTIONAL HEADS QUESTION OF COMPENSATION UNDER CONVENTIONAL HEADS

#8. Furthermore, in view of the judgment of the Hon’ble Apex Court in Furthermore, in view of the judgment of the Hon’ble Apex Court in Furthermore, in view of the judgment of the Hon’ble Apex Court in Furthermore, in view of the judgment of the Hon’ble Apex Court in Sarla Verma’s case (supra), Pranay Sethi’s case (supra) Sarla Verma’s case (supra) “United India Pranay Sethi’s case (supra) and “United India Insurance Co.Ltd. vs. Satinder Kaur”, reported as Insurance Co.Ltd. vs. Satinder Kaur”,