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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

FAO-4149-2023 (O&M)

Smt. Joginderi Devi and Others . . . . Appellants

Vs.

Umesh Mishra and Others . . . . Respondents

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Reserved on: 06.05.2026

Pronounced on: 08.05.2026

Pronounced fully/opera:ve part: Fully

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CORAM: HON’BLE MR JUSTICE DEEPAK GUPTA

Argued by:- Mr. Inderjit Sharma, Advocate

for the appellants.

Mr. Vinod Gupta, Advocate for

respondent No.3- Insurance Company.

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DEEPAK GUPTA, J.

Claimants-appellants have filed the present appeal seeking en-

hancement of compensa*on awarded vide judgment/award dated 18.11.2022

passed by the learned Motor Accident Claims Tribunal, Sonipat.

2. As borne out from the record, on 22.11.2021, deceased Arya, aged

about 22 years, was returning from Maharishi Dayanand University, Rohtak

along with his sister Nigam on a motorcycle. When they reached near the canal

a4er crossing village Rohtak, a Mahindra Pickup bearing registra*on No. HR-

69D-1137, being driven by respondent No.1 in a rash and negligent manner,

struck the motorcycle. Due to the impact, Arya and his sister fell on the road

and sustained injuries. Though his sister survived with minor injuries, Arya

succumbed to the injuries sustained in the accident while undergoing treatment

at Civil Hospital, Sonipat. FIR regarding the occurrence was duly registered

against respondent No.1.

NEETIKA TUTEJA

2026.05.08 14:50

I attest to the accuracy and

integrity of this document

FAO-4149-2023 (O&M)

3. The claim pe**on under Sec*on 166 of the Motor Vehicles Act,

1988 was filed by the widowed mother, unmarried sister, unmarried brother

and married sister of the deceased seeking compensa*on from the driver,

owner and insurer of the offending vehicle. The respondents contested the

claim pe**on. Upon apprecia*on of the evidence, the learned Tribunal

concluded that the accident had occurred due to rash and negligent driving of

the offending vehicle and consequently awarded compensa*on of ₹48,67,016/-

along with interest in favour of the claimants.

4. The learned Tribunal assessed the monthly income of the deceased

at ₹29,568/- a4er excluding certain allowances from the salary of ₹36,728/-

reflected in the salary slip. Fi4y per cent addi*on towards future prospects was

granted, mul*plier of 18 was applied and deduc*on of 50% towards personal

expenses was made considering that the deceased was unmarried.

5. Assailing the award on the quantum of compensa*on, learned

counsel for the appellants has contended that the Tribunal erred in excluding

allowances from the salary of the deceased. It is argued that the deceased was

serving as a Constable in Haryana Armed Police and was drawing gross monthly

salary of ₹36,728/- as per salary slip Ex.P6. Reliance has been placed upon the

judgment of Hon’ble Supreme Court in “Na(cid:4)onal Insurance Company Limited

vs. Nalini and ors.” 2024 (2) PLR 671, to contend that allowances such as HRA,

transport allowance and other admissible benefits cannot ordinarily be

excluded while assessing income for the purpose of compensa*on. It is further

contended that the deduc*on towards personal expenses ought to have been

one-third instead of one-half because apart from the widowed mother, the

unmarried sister and unmarried brother were also dependent upon the

deceased. It is also argued that all the claimants were en*tled to filial

consor*um.

6. Per contra, learned counsel appearing on behalf of the Insurance

Company has argued that since the deceased was unmarried, the Tribunal

rightly applied 50% deduc*on towards personal expenses in view of the law laid

down in “Smt. Sarla Verma and ors. v. Delhi Transport Corpora(cid:4)on and anr.”,

NEETIKA TUTEJA

2026.05.08 14:50

I attest to the accuracy and Page 2 of 5

integrity of this document

FAO-4149-2023 (O&M)

(2009) 6 SCC 121. It has also been contended that the income tax liability of the

deceased is liable to be deducted while compu*ng annual income.

7. I have heard learned counsel for the par*es and have carefully

gone through the record.

8. At the outset, it