Shanti Davei Vs Palvinder Singh etc. — Murder and Culpable Homicide | Punjab & Haryana HC (2025)

Shanti Davei Vs Palvinder Singh etc. — Murder and Culpable Homicide | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Award dated 20.07.2001 modified: total compensation fixed at Rs.5,44,380/- (against Rs.1,66,500/- awarded by the Tribunal); the enhanced amount, over and above the Tribunal award, payable by respondent No.3-insurance company to the appellants-claimants in equal ratio with interest @ 7.5% per annum from the date of filing of the petition till realization.

Issue for consideration

Whether the compensation of Rs.1,66,500/- with interest @ 9% per annum awarded under the impugned award dated 20.07.2001 is wholly inadequate and contrary to settled principles of law, and requires enhancement. +1 more

Court's answer

This Court is of the considered view that the impugned award dated 20.07.2001, passed by the learned Tribunal, does not fully conform to the settled principles of law governing just and equitable compensation to the appellants-claimants.

Ratio / Principle

In the absence of documentary proof substantiating the income of the deceased as Rs.4000/- per month, and keeping in view that the accident took place in the year 1997, the Court retains the monthly income as assessed by the learned Tribunal, i.e. Rs.2400/- per month.

Key takeaways

Upon the assessed income of Rs.2400/- per month, a 40% increase is to be provided towards future prospects, as laid down by the Hon'ble Supreme Court in Pranay Sethi's case (supra).ratio¶21
There shall be a deduction of one half towards personal expenses.ratio¶21
Since the deceased was aged 22 years at the time of his death, a multiplier of 18 ought to have been applied, in view of the law laid down by the Hon'ble Supreme Court in Sarla Verma v. DTC, (2009) 6 SCC 121.ratio

Detailed headnote1 paragraphs

Motor accident fatality - enhancement of compensation (FAO No.4418-2001(O&M), decided 29.10.2025, Amarinder Singh Grewal, J.): The High Court of Punjab and Haryana modified the award dated 20.07.2001 of the Motor Accident Claims Tribunal, Kurukshetra, which had awarded Rs.1,66,500/- with interest @ 9% per annum assessing the deceased's (Shiv Kumar @ Shiv Puri, aged 22) income at Rs.2400/- p.m. Holding the award not fully conforming to settled principles, the Court retained the assessed income of Rs.2400/- p.m. for want of documentary proof of Rs.4000/- p.m. and considering the 1997 accident year, added 40% towards future prospects per National Insurance Co. Ltd. v. Pranay Sethi (2017) 16 SCC 680, deducted one-half towards personal expenses, and applied multiplier of 18 per Sarla Verma v. DTC (2009) 6 SCC 121, computing loss of dependency at Rs.3,62,880/-. It further awarded loss of filial consortium/loss of love and affection (Rs.40,000 x 3), loss of estate (Rs.15,000) and funeral expenses (Rs.15,000), with enhancement @10% every three years per Pranay Sethi, fixing total compensation at Rs.5,44,380/-. The enhanced amount carries interest @ 7.5% per annum from the date of filing of the petition till realization, payable by respondent No.3-insurance company in equal ratio. Appeal allowed to the above extent.

FAO-4418-2001(O&M) -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

112 FAO No.4418-2001(O&M) Date of Decision:29.10.2025

Shanti Devi an d others

...Appellants

Versus

Palvinder Sing h and others

... Respondent s

CORAM : HON'BLE MR. JUSTICE AMARINDER SINGH GREWAL

Present: M r . Dhruv Singh, Advocate and M s . Tejaswini, Advocate fo r the appellants. N o ne for respondents No.1 and 2.

M r . V.K. Garg, Advocate fo r respondent No.3-Insurance Co m pany.

AMARINDER SINGH GREWAL, J. (ORAL)

T h e present appeal has been pr e ferred by the appellants-clai m ants against the i m pugned award dated 20.07.2 0 01 passed by the learned M otor Accident Clai m s Tribunal, Kurukshetra (for s h ort ‘the learned Tribunal’) wh e reby the learned T r ibunal has awarded a compe n sation of Rs.1,66,500/- along with interest @ 9% p er annum from the date of fili n g of the claim petition till realization against the res p ondents. 2. S u ccinctly, the facts of the case a re that on 12.08.1997 at about 8:00 A.M., Shiv K u mar @ Shiv Puri, an unmarrie d young man, was going on sc o oter bearing No.HR-41/6310 from Pehowa towards his village Tikri on Pehowa–A m bala Road and whe n he reached near the ‘T’ point l e ading to village Arnai, an oil t a nker bearing registr a tion No.HNQ-414, driven by r e spondent No.1-Palvinder Sing h in a rash and negli g ent manner and at a high speed, came from behind and struc k his scooter. Due t o the impact, Shiv Kumar fell on the road and sustained mu l tiple

PANKAJ KUMAR 2025.11.04 17:00 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh

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injuries resulti n g in his death. The said tanker was owned by respondent No.2-Ved Parkash and i n sured with respondent No.3-i n surance company. An FIR N o .676 dated 12.08.1997 under Sections 279 and 3 0 4-A IPC was registered at P olice Station Pehow a , District Kurukshetra, and afte r investigation, respondent No. 1 was challaned. The deceased, who was a student o f M.A. (English), was stated t o be working as a P ress Reporter, besides running a milk dairy. From his job an d the dairy business, he was earning approximatel y ₹4000/- per month but the le a rned Tribunal asses s ed his monthly income at ₹240 0 /- per month and awarded a s u m of ₹1,66,500/- al o ng with interest @ 9% per a n num from the date of filing of the petition till rea l ization, holding all the respond e nts jointly and severally liable. 3. L e arned counsel for the appellan t s-claimants inter-alia, contend s that the award date d 20.07.2001 granting compens a tion of Rs.1,66,500/- with inter e st @ 9% per annum is wholly inadequate and contr a ry to the settled principles of l a w. It is submitted that the deceased-Shiv Kumar @ Shiv Puri, aged 22 years, was a 1^st year student o f M.A. (English). Besides runni n g a milk dairy business, he wa s also working as an active journalist and was earni n g Rs.4000/- per month. The le a rned Tribunal erred i n assessing the deceased’s inc o me at ₹2400/-, applying an inc o rrect multiplier of 1 0 and deducting excessive pers o nal expenses, reducing depen d ency to ₹600/- per m onth. It is further contended t h at as per judgement rendered b y the Hon’ble Supre m e Court in National Insurance Co. Ltd. Vs. Pranay Sethi (2017) 16 SCC 680 , t h e component of future prospe c ts has to be provided, besides nonpecuniary dam a ges viz; loss to estate, loss of c onsortium and funeral expense s and thus, prays for e nhancement of compensation.

O n the contrary, learned counsel appearing for the respondent N o.3Insurance Com p any submits that the award pa s sed by the learned Tribunal cal l s for

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no interferenc e by this Court, as the same h a s been rendered after a prope r and judicious appreciation of the evidence adduced on record. 5. H a ving considered the rival submi s sions and upon a meticulous p e rusal of the record, w ith the able assistance of learn e d counsel for the parties, this C ourt is of the consi d ered view that the impugned a w ard dated 20.07.2001, passed b y the learned Tribun a l, does not fully conform to th e settled principles of law gove r ning just and equita b le compensation to the appella n ts-claimants. 6. In the absence of documentary p r oof substantiating the income o f the deceased as Rs.4000/- per month and keeping i n view the fact that the acciden t had taken place in the year of 1997, this Court r e tains the income as assessed b y the learned Tribu n al i.e. Rs.2400/- per month, u pon which 40% increase is t o be provided towa r ds future prospectus as laid do w n by the Hon’ble Supreme Co u rt in Pranay Sethi’s case (supra). There shall be a deduction of one half to w ards personal expe n ses. The deceased was aged 2 2 years at the time of his deat h and therefore, a m u ltiplier of 18 ought to have b e en applied, in view of the la w laid down by the H on’ble Supreme Court in Sarla Verma v. DTC, (2009) 6 SCC 121. Therefore, the loss of dependency would c o me to Rs.3,62,880/-. Further, the appellants-clai m ants will also be entitled to los s of filial consortium/loss of lov e and affection (Rs. 4 0,000x3), loss of estate ( R s.15000/-) and funeral exp e nses (Rs.15,000) with enhancement @10% in eve r y three years, as per the judgment passed by the H on’ble Supreme Court in Pranay Sethi’s case (supra). Thu s , the appellants-clai m ants shall be entitled to a tota l compensation of Rs.5,44,380/- (Rs. 3,62,880/-+1,4 5 ,200+18,150x2).

T h e enhanced compensation i.e. over and above the compensation awarded by th e learned Tribunal shall also attract interest @ 7.5% per annum from

PANKAJ KUMAR 2025.11.04 17:00 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh

FAO-4418-2001(O&M) -4-

the date of fi l ing of the petition till realiz a tion, payable by respondent N o.3insurance com p any to the appellants-claimants in equal ratio. 8. In view of the aforesaid facts and circumstances, the award pass e d by the learned Tr i bunal is modified and the pre s ent appeal is allowed to the a bove

extent.

( AMARINDER SINGH GREWAL ) JUDGE

October 29, 2025 Pankaj* Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

PANKAJ KUMAR 2025.11.04 17:00 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh