Nachiya Devi and Ors. v. Amarnath and Ors.
Case brief
What is this about?
Motor accident death claim enhancement — Punjab & Haryana High Court, FAO-1559-2025 (O&M), Deepak Gupta J. (11.12.2025): consortium extended to all seven claimants at Rs. 48,000/- each (filial/parental consortium), loss of estate and funeral expenses raised to Rs. 18,000/- each per Pranay Sethi (2017(4) RCR (Civil) 1009) and Magma General Insurance v. Nanu Ram (2018(18) SCC 130); total compensation Rs. 26,76,000/-, enhancement Rs. 3,02,000/- with interest @ 7.5% p.a. from filing of claim petition till realization; deceased Joginder Paswan, accident 09.03.2023, Dumper Truck HR-46E-8657; Smt. Nachiya Devi and others v. Amarnath and others; Sections 166 and 140, Motor Vehicles Act 1988.
What did the court decide?
Appeal accepted: consortium of Rs. 48,000/- to each of the seven claimants (loss of consortium/filial consortium/parental consortium), loss of estate Rs. 18,000/- and funeral expenses Rs. 18,000/-; total compensation revised to Rs. 26,76,000/-, the enhanced amount of Rs. 3,02,000/- payable with interest @ 7.5% per annum from the date of filing of the claim petition till realization, apportioned in the same ratio as allowed by the Tribunal.