IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision-12.02.2026 Surja Ram And Another … Appellants Versus Avtar Singh And Others … Respondents CORAM: HON’BLE MR. JUSTICE VIRINDER AGGARWAL Present: Mr. Sandeep Jasuja, Advocate for appellants.

Mr. Varun Sharma, Advocate for respondent No.3/Insurance Company.

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VIRINDER AGGARWAL, J .(ORAL)

1. This appeal has been preferred by the claimants seeking enhancement of compensation awarded vide award dated 08.11.2002 passed by the Motor Accident Claims Tribunal, Muktsar, whereby the compensation of ₹2,20,000/- along with interest at 9% per annum was granted on account of death of Pardeep Kumar @ Kala in a motor vehicular accident that took place on

04.01.2001.

BACKGROUND FACTS

2. The brief facts of the case are that on 04.01.2001 at about 5:00 p.m., the deceased Pardeep Kumar @ Kala, aged approximately 14 years, was proceeding on a bicycle near Tehsil Road, G.T. Road, Malout. His father, Surja Ram, was following him on another bicycle. When they reached the said place, a truck bearing registration No. HYT-7551, driven by respondent No.1 Avtar Singh, allegedly at a high speed and in a rash and negligent manner, came from the opposite direction and struck the deceased. Due to the impact, the minor was knocked down and run over under the wheels of the truck, resulting in his instantaneous death at the spot. In respect of the said accident, FIR under Sections 279 and 304-A of the Indian Penal Code was registered at Police Station Malout against the driver of the offending vehicle. Thereafter, the claimants filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation on account of the death of Pardeep Kumar @ Kala. 3. Upon a comprehensive appreciation of the oral as well as documentary evidence adduced on record, the learned Tribunal returned a categorical finding that the accident in question, resulting in the untimely death of Pardeep Kumar @ Kala, stood duly established and that the same had occurred on account of the rash and negligent driving of respondent No.1 Avtar Singh. The finding on negligence was principally founded upon the ocular testimony of Surja Ram (PW-1), the father of the deceased and an eye-witness to the occurrence. His deposition was found to be natural, consistent and trustworthy, inspiring full confidence of the Court. The said testimony further stood corroborated by the registration of FIR (Ex. A1) under Sections 279 and 304-A IPC at Police Station Malout, as well as by the post-mortem report (Ex. A2), which conclusively established that the deceased had sustained ante-mortem injuries in a road traffic accident and had succumbed thereto. While proceeding to determine the quantum of compensation, the learned Tribunal assessed the age of the deceased at 14 years. Though the deceased was a minor and not earning at the time of the accident, the learned Tribunal observed that compensation in such cases necessarily involves a degree of reasonable estimation and hypothetical assessment, keeping in view the future prospects of the child, the status of the family and the surrounding circumstances. Further, the learned Tribunal observed that it was reasonably certain that the deceased would, in due course, have married and that the dependency of his parents would have diminished thereafter. Keeping these factors in view, the learned Tribunal assessed, on a reasonable guesswork, that the deceased would have contributed ₹1,200/- per month to his parents during the initial phase of his earning life till his marriage. Applying a multiplier of 10 for this period, the loss of dependency for the said phase was computed at ₹1,44,000/- (₹1,200 × 12 × 10). Moreover, the learned Tribunal held that after marriage, the contribution of the deceased towards his parents would have diminished and was reasonably assessed at ₹1,000/- per month. Applying a multiplier of 6 for the subsequent period, the dependency for this phase was calculated at