Authority: High Court of Punjab & Haryana, Chandigarh

Order Date: 16 July 2026

Case Overview

  • Appellants: Manjit Kaur (widow), children and mother of the deceased Gurmukh Singh; Respondents: Gaba Tours & Travels and others (including an insurance company).
  • The deceased, aged 55, died in a motor vehicle accident on 22 June 2001 when the bus (registration DL1LPA‑4751) allegedly driven rashly by the respondent‑driver collided.
  • The Motor Accident Claims Tribunal, Ropar, awarded total compensation of Rs 7,04,000 on 6 May 2005, comprising loss of dependency (Rs 7,02,000), funeral expenses (Rs 2,000) and other heads.
  • Appellants filed an appeal seeking enhancement on three grounds: inclusion of future prospects (15% of monthly income), application of the correct multiplier (11 instead of 9), and appropriate amounts for funeral expenses, loss of estate, and spousal/parental/filial consortium as per Supreme Court precedents.
  • The Tribunal’s assessment of the deceased’s monthly income at Rs 9,000 was accepted. The deceased had five dependents (wife, three children, mother).

Court’s Calculation

  • Loss of dependency: Income Rs 9,000 per month, after 1/4 deduction (Rs 6,750), increased by 15% future prospects (Rs 7,762.5). Multiplier applied: 11. Annualised (×12) gives Rs 10,24,716.
  • Additional heads: Funeral expenses Rs 15,000; loss of estate Rs 15,000; spousal consortium Rs 40,000 (claimant No.1); parental consortium Rs 40,000 each for three claimants (total Rs 1,20,000); filial consortium Rs 40,000 (claimant No.5).
  • Total enhanced compensation calculated as Rs 12,54,716, representing an increase of Rs 5,50,716 over the Tribunal award.

Interest

  • The enhanced amount (excluding conventional heads) attracts 7.5% simple interest from the date of filing of the claim petition until full realization.
  • Interest on conventional heads (funeral expenses, loss of estate, consortium) is payable from August 2017 onward.

Final Outcome

  • The appeal is allowed. Respondents are ordered to pay the appellants a total of Rs 12,54,716 with the stipulated interest.
  • Apportionment and liability to pay are as per the award. Pending applications, if any, are disposed of.

Topics: Compensation, Motor Accident