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FAO-3206-2021 (O&M) -1 -

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

272 FAO-3206-2021 (O&M)

Date of decision: 29.01.2026

Surjit Kaur and another

...Appellant(s)

Vs.

Varinder Singh and others

...Respondent(s)

CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA

Present:- Mr. B.D.Sharma, Advocate

for the appellants.

Mr. Rishav Jain, Advocate for respondent No.1.

Mr. Aman Sharma, Advocate for the respondent

No.2 and 3-PRTC.

***

NIDHI GUPTA, J.

The present appeal has been filed by the claimants seeking

enhancement of compensation of Rs.2,55,000/- awarded by the learned

Motor Accident Claims Tribunal, Jalandhar (hereinafter referred to as “the

learned Tribunal”) vide Award dated 05.08.2019 passed in MACP Case No.

163 dated 16.07.2018 filed under Section 166 of the Motor Vehicles Act,

(hereinafter referred to as “the Act”). The 2 claimants before the learned

Tribunal are 39-year-old mother, and 47-year-old father of the deceased

Jorawar Singh, who was 4 years old at the time of accident.

DIVYANSHI

2026.01.30 19:00

I attest to the accuracy and

integrity of this document

FAO-3206-2021 (O&M) -2 -

2. Brief facts of the case are that the learned Tribunal on the

basis of pleadings and evidence adduced before it concluded that the

deceased-Jorawar Singh had died due to the injuries suffered by him in a

motor vehicular accident that took place on 30.05.2018 due to the rash

and negligent driving of a Bus bearing registration No.PB-10DR-1115

(hereinafter “the offending vehicle”) being driven by respondent No.1;

and owned by respondents No.2 and 3. The Tribunal awarded the above

compensation along with interest @ 8% per annum. Respondents No. 1 to

3 were held liable to pay the said compensation jointly and severally.

3. Learned counsel for the appellants seeks enhancement of

compensation by submitÝng that income of the deceased has been taken

on the lower side as only Rs.15,000/-p.a. It is submitted that in terms of

judgment of Hon’ble Supreme Court in Kajal vs. Jagdish Chand (SC): Law

Finder Doc Id # 1679623, income of the deceased child ought to have

been taken as per the minimum wages payable to a skilled workman. It is

further submitted that multiplier of 15 has been correctly applied.

However, nothing has been awarded by way of consortium. It is

accordingly prayed that present appeal be allowed; and compensation be

enhanced as above.

4. Per contra, ld. counsel for respondents No.1, 2 and 3 oppose

submissions of the appellants and submit that the impugned Award

suffers from no infirmity as the compensation awarded to the appellants is

just and fair. Hence, present appeal deserves to be dismissed.

DIVYANSHI

2026.01.30 19:00

I attest to the accuracy and

integrity of this document

FAO-3206-2021 (O&M) -3 -

5. No other argument is raised on behalf of the parties. I have

heard ld. counsel and perused the case file in detail. I find some merit in

the submissions advanced on behalf of the appellants.

6. It has been submitted by learned counsel for the appellants

that in terms of the judgment of Hon’ble Supreme Court passed in case of

Kajal (supra), income of the deceased ought to have been assessed as per

the minimum wages payable to a skilled workman. However, the facts of

the said case in Kajal (supra) are distinctly different from the present case.

In the said case, the deceased was 12-year-old girl, who was a student;

whereas in the present case, age of the deceased was determined to be 4

years on the basis of Postmortem Report and pleadings. Even there is no

evidence to show that deceased child was a student. Further, the above

relied upon case was a case of injury; whereas the present is case of

death. Moreover, Hon’ble Supreme Court in the said case has clearly

stated that “Each case has to be decided on its own evidence......”. As the

said ruling is distinguishable on facts and law, therefore, in my view,

learned Tribunal has correctly assessed notional income of the deceased

as Rs.15,000/- p.a.

7. Learned Tribunal had further applied multiplier of 15 as

stipulated in the Second Schedul