Mohinder Kaur & Anr. Vs Ram Kumar & Ors.

Present appeal has been preferred by the appellants-claimants who are parents of Jagbir Singh (hereinafter referred to as the ‘ deceased ’), who died in motor vehicular accident which took place on 27.06.2003, on account of rash and negligent driving by respondent No.1 while driving jeep bearing registration No. HR-03-5027, being aggrieved by the insufficient compensation of Rs.3,98,800/- awarded vide impugned award dated 15.04.2005, passed by the Motor Accident Claims Tribunal, Sirsa (hereinafter referred to as ‘ Tribunal ’), being not in accordance with their entitlement.

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Since in present appeal the only issue raised by appellantsclaimants is as regards to quantum of compensation, the detailed facts as regards to manner of accident are not being noticed herein for the sake of brevity.

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In present case, learned Tribunal has awarded the following

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RAVINDER DHANIA 2026.07.10 11:25 I attest to the accuracy and integrity of this document

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-2-

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FAO-3561-2005 (O&M) compensation:

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Loss of dependency	Rs.3,58,000/-
Last Rites	Rs.5,000/-
Total compensation awarded	Rs.3,63,000/-

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Appellants-claimants had claimed that deceased was employed in the Indian Army and was earning Rs.7,000/- per month. In order to prove that deceased was employed as Lance Naik in Indian Army since 1997 and drawing a salary of Rs.7,000/- since 1997, the appellants–claimants have produced the last pay certificate as Ex.P1.

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In the present case other facts are not in dispute i.e. that deceased was 24 years old at the time of accident and he is survived by his parents as he was unmarried. The learned Tribunal has accordingly accepted Ex.P-1, the last pay certificate of deceased and concluded that deceased was earning Rs.6,143/- as salary, however, by taking future prospects for the purposes of determining loss of dependency, salary was taken as Rs.7,000/-. However, the future prospects of about Rs.857/- added by learned Tribunal is totally insufficient in view of judgment of National Insurance Company Ltd. Vs. Pranay Sethi & Ors., 2017 (16) SCC 680.

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Accordingly, income of the deceased is taken as Rs.6,143/- per month. Since he was 24 years old at the time of death and is survived by his parents, therefore, appellants-claimants would be entitled to multiplier of ‘18’ and addition of future prospects to the extent of 50% in view of National Insurance Company Ltd. Vs. Pranay Sethi & Ors.,(supra). Further 50% amount towards personal expenses of deceased is required to be deducted for determining loss of dependency and accordingly, compensation

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RAVINDER DHANIA 2026.07.10 11:25 I attest to the accuracy and integrity of this document

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FAO-3561-2005 (O&M) -3has to be re-worked on the above basis. Appellants-claimants are further entitled to compensation under conventional heads. Accordingly, they are awarded amount of Rs.15,000/- towards funeral expenses, Rs.15,000/towards loss of estate. Both the appellants-claimants shall be entitled to filial consortium of Rs.40,000/- each. 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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7. Accordingly, reworked compensation is as under :-

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Income	Rs.6,143/- per month	Rs.6,143/- per month
Future Prospects	50% (6143+3071)	Rs.9,214/-
Deduction	50% (9214-4607)	Rs.4,607/-
Multiplier	18	18
Total loss of dependency	Rs.4,607x12x18	Rs.9,95,112/-
Loss of Estate		Rs.15,000/-
Funeral Expenses		Rs.15,000/-
Loss of filial consortium to claimant Nos. 1&2	Rs.40,000x2	Rs.80,000/-
Total Compensation awarded in appeal		Rs.11,05,112/-
Total Compensation	Rs.3,63,000/-
awarded by the Tribunal
Enhanced amount of compensation	Rs.11,05,112/- (awarded in appeal) – Rs.3,63,000/- (awarded by the Tribunal)	Rs.7,42,112/-

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RAVINDER DHANIA 2026.07.10 11:25 I attest to the accuracy and integrity of this document

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FAO-3561-2005 (O&M) -4-

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Claimants shall be entitled to enhanced compensation except for

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conventional heads i.e. loss of consortium, funeral expenses and loss of estte along with 7.5% interest from the date of filing of claim petition till realization of entire amount. Interest on enhanced compensation under conventional heads shall be payable from August 2017 onwards till its realization. Apportionment and liability to pay compensation shall be as per award.

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Accordingly, appeal is allowed.

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Pending application(s), if any, is/are disposed of accordingly.

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(PARMOD GOYAL) 08.07.2026 JUDGE Ravinder Whether Speaking/Reasoned : Yes/No Whether Reportable : Yes/No

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RAVINDER DHANIA 2026.07.10 11:25 I attest to the accuracy and integrity of this document

Mohinder Kaur & Anr. v. Ram Kumar & Ors.

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Mohinder Kaur & Anr. v. Ram Kumar & Ors.

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