The main legal point established in the judgment is that the assessment of compensation in motor accident claims should consider the deceased's employment, salary certificate, and educational qualifications.

ORDER :

B.R. GAVAI, J.

1. Leave granted.

2. These appeals challenge the common judgment and order of the High Court of Punjab and Haryana at Chandigarh dated 14th November 2019 passed in F.A.O. No. 1167 of 2010 and F.A.O. No.1168 of 2010.

3. The facts, in brief, giving rise to the present appeals are as under:

3.1 On 26th August 2007, Rajinder Pal Sharda, Param Pal Sharda (appellant No.1 herein), Nitin Sharda and one Harmail Singh were returning to Patiala from Ludhiana in a Hyundai Accent Car bearing No.PB-11-AE-9400, driven by Nitin Sharda. When they reached opposite to Harman Farm House Palace, Sirhind Road, Patiala, a Scorpio Car bearing No.PB-23-D-0109, driven by Harjinder Singh (respondent No.2 herein) came from the opposite direction in a zig-zag manner and dashed the aforesaid Hyundai Accent Car. Due to the impact, Rajinder Pal Sharda died on the spot. The remaining three, namely, Param Pal Sharda, Nitin Sharda and Harmail Singh were taken to Rajendra Hospital, Patiala, where Nitin Sharda and Harmail Singh succumbed to the injuries. A First Information Report No. 397 dated 27th August 2007 was registered under Section 279 and 304-A of the Indian Penal Code, 1860 against Harjinder Singh (respondent No.2 herein) at P.S. Sadar, Patiala.

3.2 The appellants are the son, daughters and wife of the deceased Rajinder Pal Sharda, and brother, sisters and mother of the deceased Nitin Sharda. They filed Claim Petitions before the Motor Accident Claims Tribunal, Patiala (hereinafter referred to as “the Tribunal”) under Section 166 of the Motor Vehicles Act, 1988 being MAC No.23T/19.12.07/23.12.08 and MAC No.15T/19.12.07/ 23.12.08 for grant of compensation to the tune of Rs.25 lacs each with interest on account of the death of Rajinder Pal Sharda and Nitin Sharda respectively.

3.3 In the Claim Petition being MAC No.23T/19.12.07/ 23.12.08 for grant of compensation on account of the death of Rajinder Pal Sharda, the Tribunal assessed the income of the deceased Rajinder Pal Sharda at Rs.5,150/- per month and after considering the relevant aspects, passed an Award amounting to Rs.1,68,000/- including Rs.10,000/- as loss of consortium in favour of appellant No.4-Raj Rani, who is the widow of the deceased Rajinder Pal Sharda. The Tribunal also passed an Award amounting to Rs.50,000/- each in favour of claimant Nos. 2 to 4, who are the son and daughters of the deceased Rajinder Pal Sharda. The Tribunal also held that the claimants were entitled to interest at the rate of Rs.9% per annum from the date of filing of the claim petition till actual realization.

3.4 Insofar as the Claim Petition being MAC No.15T/19.12.07/ 23.12.08 for grant of compensation on account of the death of Nitin Sharda is concerned, the Tribunal notionally fixed his monthly income at the rate of Rs.6,000/-. The Tribunal, therefore, passed an Award amounting to Rs.4,10,000/- in favour of appellant No.4-Raj Rani, who is the mother of the deceased Nitin Sharda. Insofar as the rate of interest is concerned, a similar order came to be passed by the Tribunal as was passed in the other Claim Petition.

3.5 In the appeal against the Award passed by the Tribunal in the matter of the deceased Rajinder Pal Sharda, the High Court enhanced the compensation from Rs.3,18,000/- to Rs.4,78,456/-. In the appeal against the Award passed by the Tribunal in the matter of the deceased Nitin Sharda, the High Court enhanced the compensation to Rs.10,97,200/- (rounded off to Rs.10,97,000/-) from Rs.4,10,000/-.

3.6 Being aggrieved, the present appeals.

4. We have heard Ms. Eliza Bar, learned counsel appearing on behalf of the appellants and Mr. Ashok Anand, learned counsel appearing on behalf of respondent No.2 and Mr. Vishnu Mehra, learned counsel appearing on behalf of respondent No.3- Insurance Company. Respondent No.1, though served, did not enter appearance.

5. The appellants have accepted the judg