IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 19.08.2025 Pronounced on: 19.09.2025 SMT. SUMAN AND ORS. ….Appellants Vs.

DASHRATH AND ORS. ...Respondents.

CORAM: HON’BLE MR. JUSTICE HARKESH MANUJA Present: Mr. Anil Ghangas, Advocate for the appellants.

Mr. Suvir Dewan, Advocate and Mr. Om Pal Sharma, Advocate for respondent No. 3- National Insurance Company Ltd.

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HARKESH MANUJA, J.

[1]. By way of present appeal, challenge has been laid to an award dated 27.04.2009 passed by the learned Motor Accident Claims Tribunal, Bhiwani (for brevity, “the Tribunal”), whereby an amount of Rs. 4,75,000/- was awarded as compensation to the appellants/claimants along with interest @ 7.5% per annum.

Brief Facts [2]. A claim petition came to be filed before the Ld. Tribunal, praying for grant of compensation to the tune of Rs. 25,00,000/- (Rupees twenty five lakhs only) along with the interest @ 18% per annum on account of death of Bijender Singh in a vehicular accident which took place on 11.11.2007 while alleging rash and negligent driving of respondent No. 1-driver.

[3]. Learned Tribunal after appraisal of evidence on record held that the accident occurred due to rash and negligent driving of respondent No.1/driver and assessed income of deceased, who was employed as a Teacher in Government High School, Jarwa, District Mahendergarh @ 9,683/- after deducting GPF, GPF Advance and GIS besides making deductions of 1/3^rd towards personal expenses and awarded compensation in the following manner:-

Further, liability was jointly and severally fastened upon the driver, the owner as well as the Insurance Company and the compensation amount was ordered to be disbursed in the following manner:-

[4]. Being aggrieved against the award dated 27.04.2009, the present appeal was preferred by the appellants for enhancement of compensation and modifying the impugned award passed by the Ld. Tribunal, as per the latest law.

Facts as specified in the claim petition about the manner of accident and the issue regarding negligence of the driver have been recorded in favour of appellants/claimants by the Ld. Tribunal, are being not under challenge, need not be repeated here for the sake of brevity.

Arguments [5]. Learned counsel for the appellants assailed the award while submitting that earning of the deceased was to the tune of Rs.13,713/- per month, as he was serving as a Teacher in Government High School, Jarwa, District Mahendergarh and the said fact was corroborated by Vijay Kumar (PW-3), who produced on record salary certificate (Ex.P7) and pay bill (Ex.P8) showing the last salary record drawn by the (deceased) Bijender Singh, thus, Ld. Tribunal erred in taking into account the salary as Rs. 9,683/- after deducting the amount of GPF/GIS which forms part of the salary. He further contended that the deceased was also involved in the cultivation of agricultural land which belonged to his father and was earning more than Rs. 1,00,000/- per annum from agricultural pursuits. Furthermore, it was submitted that the deceased was 37 years of age at the time of accident and the multiplier to be applied should have been 16 instead of 6, besides, funeral expenses been assessed on the lower side and nothing was awarded under conventional heads i.e. loss of estate, loss of consortium, therefore, he prayed for the enhancement of compensation as per latest decisions on the subject.

[6]. On the other hand, learned counsel representing respondent No. 3- Insurance Company neither refuted the factum of accident nor even the negligence of the offending vehicle, however submitt