Balbir Kaur And ANR. v. Ram Rattan And ANR.

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision : 10.02.2026 BALBIR KAUR AND ANR.

....Appellants

Versus

RAM RATTAN AND ANR.

....Respondents

CORAM:

HON'BLE MR. JUSTICE PANKAJ JAIN Present :

Mr. P.K.S. Phoolka, Advocate for the appellants. Mr. Paul S. Saini, Advocate for respondent No.2. PANKAJ JAIN, J. (ORAL) Claimants are in appeal seeking enhancement of compensation on account of death of Kuldeep Singh, who died at the age of 32 years in a motor-vehicular accident, dated 22.11.2008.

2.

The Tribunal while assessing the compensation payable to the claimants, observed as under:

"15.

There is no legal proof of income of the deceased Kuldeep Singh working as a regular driver. As such, his income is to be treated that of a labourer. In these days, the monthly income of a labourer is Rs.3000/-. Deceased must have been spending Rs.1000/- of his income on his maintenance and pocket money and his monthly dependency comes to Rs.2000/- and his annual dependency comes to Rs.24,000/- 16.

As per post-mortem report of deceased Kuldeep Singh, he was 32 years old at the time of his death in this accident. Therefore, keeping in view the age of the deceased and of the dependants and status of the petitioners, I am of the view that ends of justice would be met if multiplier of ten is applied. Therefore,

the claimants are held entitled to a sum of Rs.2,40,000/- (Rs.24,000/- X 10 = Rs.2,40,000/-) as compensation on account of death of Kuldeep Singh in this accident.

17.

The petitioners are also entitled to funeral expenses to the tune of Rs.2500/- and for loss of love and affection of Rs.2500/-. 18.

In all, the claimants are held entitled to a sum of Rs.2,45,000/- as compensation on account of death of Kuldeep Singh in this regard."

3.

Keeping in view the 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 awarded by the Tribunal needs to be reworked and reassessed. The claimants are held entitled for compensation as tabulated here under:

Heads Compensation Income Monthly : Rs. 3,929/- (skilled) Annual : Rs. 47,148/- Deduction 1/2 Future prospects 40% Multiplier Total Dependency Rs.5,28,048/- Filial Consortium Rs.80,000/- Loss of Estate Rs.15,000/- Funeral Expenses Rs.15,000/- Interest 7.5% per annum

4.

Needless to say, anything paid to the claimants/appellants shall be set off.

5.

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

6.

Pending application, if any, shall also stand disposed off. February 10, 2026 (Pankaj Jain) Dpr Judge Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No