Ram Lakhan & Anr. Vs Gulab Singh & Ors. — Punjab & Haryana HC (2026) — LawSathi Research

Ram Lakhan & Anr. Vs Gulab Singh & Ors. — Punjab & Haryana HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Enhancement of compensation by Rs.1,28,600/- under the conventional heads (funeral expenses Rs.18,150/-, loss of estate Rs.18,150/-, loss of consortium Rs.48,400/- each to the two appellants), payable by the Insurance Company within four weeks with interest @ 6% per annum from the date of filing of the appeal, and penal interest @ 8% per annum till realization in case of default.

Issue for consideration

Whether the appellants/claimants are entitled to enhancement of the compensation awarded by the learned Tribunal under the conventional heads — funeral expenses, loss of estate and loss of consortium.

Court's answer

Applying the settled law in National Insurance Company Limited Vs. Pranay Sethi and others, enhancement under the conventional heads is required: funeral expenses payable are Rs.18,150/-, and the same amount is payable under the head of loss of estate.

Ratio / Principle

As per Pranay Sethi, on the count of loss of consortium, both the appellants, who are sons of the deceased, are entitled to Rs.48,400/- each, inclusive of the enhanced amount of 10% after every 3 years from pronouncement of the judgment.

Key takeaways

The appellants are held entitled to Rs.1,33,100/- (48,400 + 48,400 + 18,150 + 18,150) under the conventional heads, in equal proportion.ratio¶26
After deducting Rs.4,500/- already awarded by the learned Tribunal from Rs.1,33,100/-, the appellants are entitled to Rs.1,28,600/-; the enhanced amount is payable by the Insurance Company within a period of four weeks.ratio¶31
On the enhanced amount, the appellants are entitled to interest @ 6% per annum from the date of filing of the appeal.

Detailed headnote1 paragraphs

Enhancement of motor-accident death compensation confined to conventional heads — FAO allowed. The appellants (sons of deceased-Ram Naresh, a 60-year-old Watchman) challenged the Tribunal award of Rs.1,24,500/- (dependency Rs.1,20,000/- on multiplier 5, plus Rs.4,500/- transportation/last rites), confining their prayer to the conventional heads. Applying National Insurance Company Limited Vs. Pranay Sethi and others, 2017(4) RCR (Civil) 1009, the High Court awarded funeral expenses of Rs.18,150/-, loss of estate of Rs.18,150/-, and loss of consortium of Rs.48,400/- each to both appellants (inclusive of 10% enhancement after every 3 years), totaling Rs.1,33,100/- in equal proportion. After deducting Rs.4,500/- already awarded, the enhanced compensation of Rs.1,28,600/- was made payable by the Insurance Company within four weeks, with interest @ 6% per annum from the date of filing of the appeal and penal interest @ 8% per annum till realization on default. Liability of the respondents stood fastened joint and several.

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FAO-461-2009

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Sr. No.126

FAO-461-2009 Date of Decision: 23.01.2026

RAM LAKHAN AND ANOTHER

....Appellants

Versus

GULAB SINGH AND OTHERS

.....Respondents

CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI

Present:Ms. Lipika, Advocate for the appellants.

ARCHANA PURI, J. (Oral)

The present appeal has been filed by the appellants/claimants, for seeking enhancement of compensation awarded by learned Tribunal, on account of death of Ram Naresh, in a motor vehicular accident.

Perusal of the impugned Award reveals that liability fastened upon the respondents is joint and several.

For the time being, notice issued only to respondent No.3Insurance Company.

Mr. Rajiv Joshi, Advocate, accepts notice on behalf of respondent No.3-Insurance Company.

Counsel for the appellants submits that she confines her prayer, only for enhancement of compensation under the conventional heads, as the amount awarded towards the funeral expenses is nominal, whereas no compensation has been granted on the count of ‘loss of consortium’, as well

as ‘loss of estate’.

PREETI 2026.01.23 16:52 I attest to the accuracy and authenticity of this document

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FAO-461-2009

Perusal of the impugned award reveals that the deceased-Ram Naresh, was 60 years old, at the relevant time and he was working as a Watchman. His earnings were taken as Rs.3,000/- per month and after deducting 1/3rd, on account of personal expenses, the annual loss of dependency was worked upon as Rs.24,000/- and after appropriately applying the multiplier of ‘5’, the compensation so worked upon was Rs.1,20,000/-. Besides the same, an amount of Rs.4,500/- was granted towards expenses incurred for transportation and performing the last rites of the deceased and as such, the total compensation was worked upon as Rs.1,24,500/- (1,20,000 + 4,500).

Taking into consideration the aforesaid computation, enhancement is required to be made under the conventional heads, as per the settled law. On the count of ‘funeral expenses’, the amount payable, as per ‘ National Insurance Company Limited Vs. Pranay Sethi and others’ 2017(4) RCR (Civil) 1009 , is Rs.18,150/-. Besides the same, even under the count of ‘loss of estate’, same amount is payable at present. Also, as per Pranay Sethi’s case (supra) , on the count of ‘loss of consortium’, both the appellants, who are sons of the deceased, are entitled for an amount of Rs.48,400/- each (inclusive of enhanced amount of 10%, after every 3 years, after pronouncement of the judgment).

In view of the aforesaid, the appellants are held entitled to amount of Rs.1,33,100/- (48,400 + 48,400 + 18,150 + 18,150) in equal proportion.

After deducting an amount of Rs.4,500/-, which has already been awarded by learned Tribunal, from Rs.1,33,100/-, the appellants are

PREETI 2026.01.23 16:52 I attest to the accuracy and authenticity of this document

FAO-461-2009

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entitled to an amount of Rs.1,28,600/-. The enhanced amount shall be payable by the Insurance Company, within a period of four weeks. On the enhanced amount, the appellants shall be held liable to the interest @ 6% per annum, from the date of filing of the appeal. In case of any default on the part of the Insurance Company, to make the payment in the given period, it shall be liable to pay penal interest @ 8% per annum, till realization.

In view of the aforesaid terms, the FAO stands allowed.

(ARCHANA PURI) 23.01.2026 JUDGE Sonu Saini Whether speaking/reasoned : Yes Whether reportable : Yes/No

PREETI 2026.01.23 16:52 I attest to the accuracy and authenticity of this document