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FAO-2255-2001 (O&M) -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

225 FAO No.2255 of 2001 (O&M)

Decided on:22.12.2025

Amar Singh Yadav and another …Appellants

Versus

Sita Ram and others …Respondents

CORAM: HON’BLE MR. JUSTICE AMARINDER SINGH GREWAL

Present: Mr. Sandeep Kotla, Advocate

for the appellants.

None for respondents No.1 and 2.

Mr. Satpal Dhamija, Advocate

for respondent No.3-insurance company.

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AMARINDER SINGH GREWAL, J. (Oral)

1. The present appeal has been filed by the appellants–claimants seeking

enhancement of the compensation awarded by the learned Motor Accident Claims

Tribunal, Hisar (hereinafter “the Tribunal”), vide award dated 22.04.2000, whereby

a sum of ₹1,22,000/- was granted on account of the death of Shiv Kumar, son of

the appellants.

2. Succinctly, facts of the case are that on 31.05.1998, Prem Singh (since

deceased) along with Shiv Kumar (since deceased) were travelling from Gangwa to

Adampur on a Hero Honda motorcycle bearing registration No.HR-20B-469. Shiv

Kumar was driving the motorcycle, whereas Prem Singh was a pillion rider. They

were being followed by their uncle Karan Singh on a separate motorcycle. At about

10:00 A.M., when they reached near Balsmand Branch Canal, a buffalo suddenly

appeared on the road, as a result whereof Shiv Kumar applied brakes. A truck

bearing registration No.HR-39-8487 (herein after referred to as the offending

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vehicle), which was following the motorcycle, allegedly driven in a rash and

negligent manner, failed to control and struck the motorcycle from the rear. Due to

the impact, both riders fell down and sustained injuries. Prem Singh died at the

spot, whereas Shiv Kumar was shifted to the General Hospital, Hisar, where he

subsequently succumbed to his injuries. The accident is stated to have occurred due

to the rash and negligent driving of the offending vehicle by respondent No.1. The

offending vehicle was owned by respondent No.2 and insured with respondent

No.3. Appellants-claimants being the parents of the deceased, filed a claim

petition. On 22.04.2000, vide the impugned award passed by the learned Tribunal,

the appellants were held entitled to a compensation of Rs.1,22,000/-. Being

dissatisfied with the compensation awarded by the learned Tribunal, they preferred

the present appeal.

3. Learned counsel for the appellants contends that the award dated

22.04.2000 passed by the learned Tribunal granting a sum of ₹1,22,000/- is unjust,

arbitrary and legally unsustainable. Further, it is submitted that the deceased was

about 18 years of age at the time of the accident and was running a sweet shop

through which he was earning approximately ₹7,000/- per month. The appellants-

claimants were wholly dependent upon his income, which aspect was duly proved

through oath statements and remained unrebutted. Furthermore, it is argued that in

view of the age of the deceased, the appropriate multiplier of 16 ought to have been

applied and compensation should have been assessed accordingly, including grant

of general damages such as funeral expenses, loss of estate and other conventional

heads, which have been completely ignored by the learned Tribunal. Subsequently,

he submits that the learned Tribunal erred in awarding a lump sum amount of

Rs.1,22,000/- including Rs.2000/- towards funeral expenses; whereas the

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compensation is required to be assessed in view of the judgments passed by the

Hon’ble Supreme Court in Sarla Verma Vs. DTC (2009) 6 SCC 121 and National

Insurance Co. Ltd. Vs. Pranay Sethi (2017) 16 SCC 680. Lastly, it is contended

that the interest awarded is inadequate and the claimants are entitled to interest at a

higher rate till realization. Thus, it is submitted that the impugned award suffers

from serious infirmities and the compensation deserves to be suitably enhanced. A

detailed calculation chart has also been placed on record