Mukhtyar Kaur and Ors. Vs Dinesh Kumar and Ors.

Appellants-claimants have filed two appeals which are being taken up together as both the claim petitions preferred by the appellantsclaimants were decided by common impugned award dated 21.01.2003, passed by learned Motor Accident Claims Tribunal, Kurukshetra (hereinafter referred to as ‘ Tribunal ’). Appellants-claimants in FAO No.2042 of 2003 being the wife, two minor children and mother of deceased Jaswant Singh are aggrieved by the grant of compensation of Rs.5,65,000/- by Tribunal and have sought enhancement of compensation. Appellants-claimants in FAO No . 2043 of 2003 being the parents of deceased Jitender Singh are aggrieved by the grant of compensation of Rs.1,60,000/- by Tribunal and have sought enhancement of compensation.

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FAO-2042-2003 (O&M) -2FAO-2043-2003 (O&M)

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Deceased Jaswant Singh and Jitender Singh (hereinafter referred to as “deceased”) had died in motor vehicular accident which took place on 27.05.2001 on account of rash and negligent driving by respondent No.1 while driving tanker bearing registration No. HR-38-BG-5627.

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Since in present appeals the only issue raised by appellantsclaimants is as regards to quantum of compensation and there is no appeal or cross-objection preferred by respondents to challenge manner of accident, the detailed facts as regards to manner of accident are not being noticed for the sake of brevity.

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Appellants-claimants have sought enhanced compensation. On the other hand, learned counsel for respondents has argued that sufficient amount has already been given as compensation in the present case and there is no scope of any enhancement.

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In FAO No.2042 of 2003

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The Tribunal in the present case had awarded the following compensation in the claim petition filed by the wife, two minor children and

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mother of deceased Jaswant Singh:

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Income of deceased	Rs.4,500/- per month
Multiplier	10
Loss of dependency	Rs.5,40,000/-
	(Rs.4,500x12x10)
Loss of spousal consortium	Rs.15,000/-
Funeral expenses	Rs.10,000/-
Total compensation awarded	Rs.5,65,000/-

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FAO-2042-2003 (O&M) -3FAO-2043-2003 (O&M)

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Learned counsel for appellants-claimants has sought

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enhancement in compensation on following grounds that:-

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The income of the deceased was wrongly taken. Deceased was working as a teacher in Government Primary School, Bhuchu Khurd, in block mathana, District, Bhatinda and was getting salary of Rs. 9,182/- which ought to have been taken.

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Future prospects were not added while determining loss of dependency. Future prospects to the extent 25% of monthly income needs to be added as the deceased was 47 years of age at the time of accident.

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Deduction of 1/4^th is required to be made towards personal expenses of deceased as deceased is survived by wife, two children and mother.

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Multiplier be applied to determine loss of dependency keeping in view age of the deceased.

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Appropriate amount of compensation amount needs to be granted under the head funeral expenses, loss of estate, loss of filial and parental consortium in accordance with law laid down by Hon’ble Supreme Court.

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In the present case, it is the claim of the appellants-claimants that the deceased was employed as a teacher, posted in Government Primary School, Bhuchu Khurd, in Block Mathana, District Bhatinda and earning Rs.9,182/- per month. Harbhajan Singh, Senior clerk from office of block primary education officer, Mathana, District Bhatinda duly appeared as PW1 and deposed that the deceased was working as a teacher and was drawing a salary of Rs.9,182/- per month. He has proved the salary certificate Ex.P1, according to which the gross salary of the deceased was Rs.9,182/- per month. SUNIL CHANDER Surjit Kaur, wife of deceased had also stated that deceased was employed as 2026.07.17 18:59 I attest to the accuracy and integrity of this document

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FAO-2042-2003 (O&M) -4FAO-2043-2003 (O&M)

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a teacher posted at Bhuchu Khurd in Block Mathana. Therefore keeping in view the income and vocation of the deceased his income is taken as Rs.9,182/- per month as per the salary certificate Ex.P1.

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Accordingly, income of the deceased is taken as Rs.9,182/- per month. In the present case, deceased was aged about 47 years as per the matriculation certificate and accordingly multiplier of ‘13’ would be applicable while determining loss of dependency. Similarly, keeping in view age of the deceased, 30% towards future prospects (as deceased was in regular government job having stable income) 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 is survived by four dependents i.e wife, two minor children and mother, 1/4^th deductions towards personal expenses needs to be made. Appellant-claimant No.1 shall also be entitled to compensation for loss of spousal consortium @ Rs.40,000/-, appellants-claimants No.2 and 3 shall be entitled to compensation for loss of parental consortium @ Rs.40,000/- each and appellant-claimant No.4 shall be entitled to compensation @ Rs.40,000/ towards loss of filial consortium. Appellants- claimants shall also be entitled to Rs.15,000/- towards funeral expenses and Rs.15,000/- towards loss of 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.

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FAO-2042-2003 (O&M) FAO-2043-2003 (O&M)

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9. Accordingly, reworked compensation is as under :-

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Income	Rs.9,182/- per month	Rs.9,182/- per month
Future Prospects	30% (9182+2755)	Rs.11,937/-
Deduction	1/4^th (11,937-2984)	Rs.8,953/-
Multiplier	13	13
Total loss of dependency	Rs.8,953x12x13	Rs.13,96,668/-
Loss of Estate		Rs.15,000/-
Funeral Expenses		Rs.15,000/-
Loss of Spousal consortium to claimant No.1		Rs.40,000/-
Loss of parental consortium to claimant Nos. 2 & 3	Rs.40,000x2	Rs.80,000/-
Loss of filial consortium to claimant No.4		Rs. 40,000/-
Total Compensation awarded in appeal		Rs.15.32,848/-
Total Compensation awarded by the Tribunal	Rs. 5,65,000/-	Rs. 15,86,668/-
Enhanced amount of compensation	Rs.15,86,668/- (awarded in appeal) – Rs. 5,65,000/- (awarded by the Tribunal)	Rs.10,21,668/-

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IN FAO No. 2043 of 2003

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The Tribunal in the present case had awarded the following compensation in the claim petition filed by the parents of deceased Jatinder

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Singh.

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Lump sum compensation awarded for loss of	Rs.1,50,000/-
dependency
Funeral expenses	Rs.10,000/-
Total compensation awarded	Rs.1,60,000/-

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Learned counsel for appellants-claimants has sought

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enhancement in compensation on following grounds that:-

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FAO-2042-2003 (O&M) FAO-2043-2003 (O&M)

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The income of the deceased was not righty considered by the learned Tribunal.

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Future prospects were not added while determining loss of dependency. Future prospects to the extent 40% of monthly income needs to be added as the deceased was 18 years of age at the time of accident.

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Deduction made towards personal expenses of deceased was excessive.

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Multiplier of ‘18’ should be applied to determine loss of dependency keeping in view age of the deceased.

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Appropriate amount of compensation amount needs to be granted under the head funeral expenses, loss of estate, loss of filial and parental consortium in accordance with law laid down by Hon’ble Supreme Court.

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It is the case of the appellants-claimants that the deceased was 18 years of age at the time of the accident. Mukhtiar Kaur, PW3 has stated that the deceased was a brilliant student and has passed 10+2 examinations. That deceased used to assist in family business and agricultural work. Admittedly, in order to prove income of deceased, appellants-claimants have only relied upon oral assertions. No corroborative material was placed to show that deceased used to assist in family business and agricultural work and his resultant income was pleaded before the Tribunal. Learned Tribunal has assessed and granted consolidated compensation of Rs.1,60,000/-. Learned Tribunal has awarded compensation without assessing notional income of deceased. Since, deceased was 18 years old at the time of accident, his income is taken as Rs.1,964/- per month as per minimum wages payable to an unskilled worker at the time of the accident.

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SUNIL CHANDER 2026.07.17 18:59 I attest to the accuracy and integrity of this document

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FAO-2042-2003 (O&M) -7FAO-2043-2003 (O&M)

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Learned Tribunal has not made any addition towards future prospects. The deceased was 18 years of age, hence, as per the law laid down by supreme court in National Insurance Company Ltd. Vs. Pranay Sethi & Ors. , 2017 (16) SCC 680, 40% towards future prospects needs to be taken in consideration while determining loss of dependency. Keeping in view the age of deceased, learned Tribunal ought to have applied multiplier of ‘18’ as mandated in Sarla Verma & Ors. Vs. Delhi Transport Corporation & Anr. , 2009 (6) SCC 121 and deduction of 50% is required to be made towards personal expenses of deceased as he was 18 years old, survived by parents and unmarried. Further compensation has to be granted under the head funeral expenses, loss of estate and loss of consortium. Therefore, appellantsclaimants would be entitled to Rs.15,000/- towards loss of estate and Rs.15,000/- towards funeral expenses. Appellants-claimants would also be entitled to Rs.40,000/- each towards filial consortium. 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.

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14. Accordingly, reworked compensation is as under :-

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Income	Rs.1,964/-	Rs.1,964/-
	per month	per month
Future Prospects	40%	Rs.2,750/-
	(1964+786)
Deduction	50%	Rs.1,375/-

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FAO-2042-2003 (O&M) -8FAO-2043-2003 (O&M)

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	(2750-1375)
Multiplier	18	18
Total loss of dependency	Rs.1,375x12x18	Rs.2,97,000/-
Loss of Estate		Rs.15,000/-
Funeral Expenses		Rs.15,000/-
Loss of filial consortium	Rs.40,000x2	Rs. 80,000/-
to claimant No.1&2
Total Compensation awarded in appeal		Rs.4,07,000/-
Total Compensation awarded by the Tribunal	Rs.1,60,000/-
Enhanced amount of compensation	Rs.4,07,000/- (awarded in appeal) – Rs. 1,60,000/- (awarded by the Tribunal)	Rs.2,47,000/-

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Appellants/claimants in both the appeals shall be entitled to enhanced compensation along with 7.5% interest from the date of filing of claim petition till realization of entire amount (except under the conventional heads i.e. loss of consortium, funeral expenses, loss of estate). Under the conventional heads interest shall be payable from August 2017 onwards. Apportionment and liability to pay compensation shall be as per award.

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