Saroj and Others Vs Amrinder Singh and Others

The present appeal has been filed by the appellants-claimants, thereby, seeking enhancement of the compensation, awarded by learned Tribunal, on account of death of Raja Babu, in a motor vehicular accident.

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Suffice to consider that the accident had taken place on 02.08.2018. The ill-fated motorcycle was driven by Ashok Kumar and Raja Babu was pillion rider of the same. On appraisal of the evidence brought on record, learned Tribunal had concluded about the accident to have taken place, on account of rash and negligent driving of Scorpio car bearing registration No.CH-01BC-9637, driven by respondent No.1-Amrinder Singh and the same resulted into death of Raja Babu.

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VINEET GULATI 2026.01.30 10:25 I attest to the accuracy and authenticity of this document Chandigarh

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FAO-3362-2023

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Thereupon, learned Tribunal, while considering the evidence brought on record, had worked upon the compensation qua death of Raja Babu as well as injures sustained by Ashok Kumar, in the accident in question, as two separate claim petitions were filed and decided vide common Award.

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On the basis of the evidence brought on record, learned Tribunal had concluded about deceased Raja Babu to be 22 years old, at the time of accident and also considering him as unskilled daily wager and considering the minimum wages, prevalent in Chandigarh, during the period 01.04.2018 to 30.09.2018, took the extent of earnings of deceased to be Rs.9305/- per month. Addition on the count of ‘future prospects’ was made to the extent of 40%. Deduction for personal expenses was made to the extent of 1/2 as the deceased was unmarried. Considering the age of the deceased, multiplier of ‘18’ was applied.

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Besides the same, an amount of Rs.80,000/- was awarded to the parents of the deceased and further an amount of Rs.80,000/- was awarded to brother of the deceased, on the count of ‘filial consortium’. Apart from it, amount of Rs.15,000/- each was granted, on the counts of ‘funeral expenses’ as well as ‘loss of estate’. Thus, the compensation worked upon by learned

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Tribunal, is now reproduced in tabular form, as herein given:-

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Earnings	Rs.9305/-
Addition of 40%	Rs.9305+3722=Rs.13027/-
Deduction of 1/2	Rs.13027-6514=Rs.6513/- annual whereof is Rs.78,156/-
Multiplier of ‘18’	Rs.78516x18=Rs.14,06,808/-
Filial consortium toparents	Rs.80,000/-
Filial consortium to brothers	Rs.80,000/-
Funeral expenses	Rs.15,000/-
Loss of estate	Rs.15,000/-
Total	Rs.15,96,808/-

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VINEET GULATI 2026.01.30 10:25 I attest to the accuracy and authenticity of this document Chandigarh

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FAO-3362-2023

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Considering the ‘work on’ of the compensation aforesaid, learned counsel for the appellants-claimants submits that earnings, as such, have been taken on a lower side. However, this contention is bereft of merits. On account of no satisfactory evidence, coming on record, about the earnings of the deceased, learned Tribunal had appropriately considered the minimum wages as prevalent in Chandigarh, at the relevant time, which was to the extent of Rs.9305/- per month. Further, addition on the count of ‘future prospects’, deduction made on the count of ‘personal expenses’ as well as the multiplier so applied, is in accord with the settled law. Even, as per National Insurance Company Limited vs. Pranay Sethi and others, 2017(4) RCR (Civil) 1009 , the compensation was awarded under the conventional heads, prevalent at the relevant time. Therefore, considering the same, the requisite amount, does not call for any further enhancement.

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Hence, the appeal sans merit and the same is hereby dismissed.

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January 27, 2026 (ARCHANA PURI) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable Yes/No

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VINEET GULATI 2026.01.30 10:25 I attest to the accuracy and authenticity of this document Chandigarh

Saroj and Others v. Amrinder Singh and Others

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Saroj and Others v. Amrinder Singh and Others

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