Seada and Ors. Vs Jurnal and Ors. — Motor Accident Claims | Punjab & Haryana HC (2026)

Seada and Ors. Vs Jurnal and Ors. — Motor Accident Claims | Punjab & Haryana HC (2026)

What the court decided

AI extract

Outcome

Enhancement of compensation: deceased's monthly income corrected to the notified Rs.8,388/- and rounded off to Rs.8,500/-, with multiplier 17, 40% future prospects and 1/4th deduction for five dependents; Rs. 40,000/- each awarded to all claimants except Sagir (father) for loss of consortium; interest @7% per annum on the enhanced amount from the date of filing of the claim petition till actual realization; rest of the award maintained.

Issue for consideration

Whether the Tribunal erred in assessing the deceased's monthly income as Rs.8,222.44 instead of the monthly wage of Rs.8,388/- notified by the State of Haryana. +1 more

Court's answer

The income of the deceased is taken as Rs.8,388/- (the State-notified wage), rounded off to Rs.8,500/- per month; the multiplier of 17 applied by the Tribunal is held apt; 40% future prospects are upheld; and a 1/4th deduction is applied in view of five dependents.

Ratio / Principle

All the claimants, except Sagir the father of the deceased, are awarded Rs. 40,000/- each on account of loss of consortium, the Tribunal having erred in confining consortium to the widow Seada alone.

Key takeaways

The rest of the impugned award is maintained, and with the aforesaid modifications the appeal is disposed of.ratio¶21
The appellants are entitled to interest @7% per annum on the enhanced amount from the date of filing of the claim petition till the date of actual realization (rate stated at the end of ¶24, terms completed in ¶25).ratio¶25

Detailed headnote1 paragraphs

High Court of Punjab and Haryana (Pankaj Jain, J., oral), FAO-7340-2018, decided 19.03.2026 — Enhancement appeal under S.166, Motor Vehicles Act, 1988 arising from the death of Aasif (aged 26) in a motor vehicular accident dated 29.10.2017. The Tribunal, finding no evidence of the deceased's claimed self-employment income of Rs.50,000/- per month, had assessed income at Rs.8,222.44 based on the State of Haryana minimum-wage notification under the Minimum Wages Act, 1948. The Court corrected the income to the notified Rs.8,388/-, rounded off to Rs.8,500/- per month, upheld the multiplier of 17 and 40% future prospects, and applied a 1/4th deduction for five dependents. Holding that the Tribunal erred in denying consortium to non-widow claimants, it awarded Rs. 40,000/- each to all claimants except the father, Sagir. Interest @7% per annum was granted on the enhanced amount from the date of filing of the claim petition till realization; the remainder of the award was maintained and the appeal disposed of.

122 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

FAO-7340 -2018 Decided on : 19.03.2026

Smt. Seada & ors. ….Appellants

Versus

Jurnal & ors. ….Respondents

CORAM: HON’BLE MR. JUSTICE PANKAJ JAIN

Present :- Mr. Devika Kamboj, Advocate for Mr. Kunal Phogat, Advocate for the appellants.

Mr. Ravinder Arora, Advocate with Mr. Vipul Sharma, Advocate for respondent No.3.

PANKAJ JAIN, J. (ORAL)

1 The claimants are in appeal seeking enhancement of compensation awarded in a claim petition filed under Section 166 of the Motor Vehicles Act, 1988 (for short, ‘the 1988 Act’) on account of death of Aasif, who died in a motor vehicular accident dated 29.10.2017 at the age of 26 years.

2 Mr. Ravinder Arora, Advocate with Mr. Vipul Sharma, Advocate, puts in appearance on behalf of respondent No.3 and has filed vakalatnama in Court today. The same is taken on record.

3 Asif lost his life at the age of 26 years. Though the claimants pleaded that the deceased-Asif was engaged in transportation of goods

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POOJA SHARMA 2026.04.21 09:45 I attest to the accuracy and integrity of this document

through his own vehicle, i.e. Mahindra Pick-up and used to earn Rs.50,000/per month. However, there is no evidence to corroborate the same. The claimants have not even been able to place on record registration certificate of the vehicle claimed to be owned by deceased-Asif. Even the registered number of the vehicle has not been disclosed. In these circumstances, Tribunal relied upon monthly wages notified by the State of Haryana under The Minimum Wages Act, 1948.

4 Counsel for the appellants submits that instead of Rs.8,388/- as notified by the State, the Tribunal erred in taking the income of the deceased as Rs.8,222.44.

5 Counsel for respondent No.3 is not in a position to dispute the same. Accordingly, the income of the deceased is taken as Rs.8,388/-, which is rounded off to Rs.8,500/- per month. Multiplier of 17 has been aptly applied. 40% future prospects have been rightly granted. Keeping in view that there were five dependents, 1/4^th deduction needs to be applied. Asif died at the age of 26, multiplier of 17 has been aptly applied by the Tribunal. The Tribunal also erred in denying loss of consortium to other claimants apart from widow Seada.

6 All the claimants, except Sagir, the father of the deceased Asif, are awarded Rs. 40,000/- each on account of loss of consortium.

7 Rest of the award is maintained. With the aforesaid modification in the impugned award, the appeal is disposed off.

POOJA SHARMA 2026.04.21 09:45 I attest to the accuracy and integrity of this document

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8 Needless to say, the appellants shall be entitled to interest @7%

per annum on the enhanced amount from date of filing of the claim petition till the date of actual realization.

( PANKAJ JAIN ) 19.03.2026 JUDGE Pooja Sharma-I Whether speaking/reasoned: Yes/No Whether reportable: Yes/No

POOJA SHARMA 2026.04.21 09:45 I attest to the accuracy and integrity of this document

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