Bala Devi And Another v. Talwinder Singh And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision : 10.03.2026 Bala Devi and another ....Appellants

Versus

Talwinder Singh and others ....Respondents

CORAM:

HON'BLE MR. JUSTICE PANKAJ JAIN Present :

None for the appellants.

Mr. Paul S. Saini, Advocate for respondent No.3.

PANKAJ JAIN, J. (ORAL) The claimants are in appeal seeking enhancement of compensation awarded by MACT, Yamuna Nagar in a petition filed under Section 166 of the Motor Vehicles Act, 1988.

2.

Claimants filed claim petition seeking compensation on account of death of their son Shubham in a motor-vehicular accident, who died at the tender age of 15 year.

3.

Shubham was studying in 9th standard. Tribunal assessed his income notionally as Rs.30,000/- per annum and awarded compensation as under:

Sr. No. Heads Calculation (in Rs.) (i) Expenses incurred on transportation and medical expenses prior to death.

Rs.43,260/- (ii) Notional income Rs.30,000/- PA.

(iii) Compensation after multiplier of '15' is 30000/- x 15

applied 4,50,000/- (iv) Funeral expenses 15,000/- (vi) Filial consortium 40,000/- Total compensation awarded (Rs.5,48,260/-) 4.

As per settled law, in the case of death of a minor, his income has to be assessed notionally on the basis of minimum wages notified by State. Date of accident is 20.05.2017. On the said date, the State of Haryana notified minimum wages for a skilled worker as Rs.9,128/- per month.

5.

In the light of ratio of law laid down by Supreme Court in the case of Smt. Sarla Verma and others vs. Delhi Transport Corporation and another, (2009) 6 SCC 121, National Insurance Company Limited vs. Pranay Sethi and others, (2017)16 SCC 680 and Magma General Insurance Company Limited vs. Nanu Ram alias Chuhru Ram and others - Civil Appeal No.9581 of 2018, decided on 18.09.2018, the compensation is accordingly, re-worked as under: Sr. No. Heads Calculation (i) Expenses incurred on transportation and medical expenses prior to death.

Rs.43,260/- (ii) Notional income Rs.9,128/- per month (rounded off as Rs.9,200/- per month) Rs.9,200 x 12=Rs.1,10,400/- (iii) Compensation after multiplier of '18' is applied Rs.1,10,400/- x 18=Rs.19,87,200/- (iv) Funeral expenses Rs.18,000/- (v) Loss of estate Rs.18,000/- (vi) Filial consortium Rs.48,400/- x 2 = 96,800/-

6.

Rest of the award is maintained.

7.

Needless to say, anything paid to the claimants/appellants in execution of the award, shall be adjusted and set off. 8.

With the aforesaid modification in the impugned award, the appeal is disposed off.

March 10, 2026 (Pankaj Jain) Dpr Judge Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No