The Punjab and Haryana High Court has substantially increased the compensation awarded to a woman whose mother was killed in a 1997 highway collision, raising the payout from Rs 1.92 lakh to Rs 57.96 lakh.
Hearing an appeal against a decades-old tribunal decision on September 9, Justice Amarinder Singh Grewal directed that the enhanced amount be transferred directly into the claimant’s savings bank account, observing that while she was a minor when the crash occurred, she has since attained adulthood.
Substantial Revision Of Original Tribunal Award
The judgment marks an increase of Rs 56.04 lakh over the Rs 1.92 lakh initially determined by the Motor Accident Claims Tribunal on November 1, 2001. The court ruled that the claimant is entitled to the enhanced compensation alongside an annual interest rate of 7.5 percent, calculated from the date the original claim petition was lodged until full payment is realized.
As part of the overall compensation package, the high court allocated Rs 48,400 under the head of parental consortium, in addition to Rs 18,150 for loss of estate and another Rs 18,150 to cover funeral costs.
Flawed Assessment Of Deceased Mother’s Earnings
The primary question before the court was whether the claims tribunal erred in fixing the notional monthly income of the deceased, Smt Kamlesh Kumari, at an arbitrary Rs 2,000 by categorizing her as an unskilled daily wage manual labourer.
Justice Grewal held that the tribunal’s approach was legally unsustainable. The tribunal had discarded claims regarding her dual earnings as an Anganwadi worker and tailor solely due to an absence of formal documentation, reducing her legal standing to that of an unskilled casual worker despite evidence indicating she earned approximately Rs 30,000 per month.
Arguments Presented By Opposing Counsels
Appearing on behalf of the daughter, advocate Gurdev Singh submitted that the deceased woman served as the sole breadwinner for the household. He maintained that her familial economic contributions should not have been ignored merely because she lacked formal employment paperwork. The counsel further contended that the tribunal had completely overlooked funeral expenses and failed to grant compensation for the loss of maternal care, affection, and guidance suffered by the claimant during her childhood.
Opposing the plea, advocate Shubham Gupta, representing the insurance company, defended the original 2001 tribunal award. He argued that the previous judgment was balanced, supported by oral and documentary records, and free from legal defects or perversity, thereby requiring no intervention from the high court.
Fatal Collision On Jalandhar-Pathankot Highway
The case traces back to September 13, 1997, when Kamlesh Kumari was travelling on a passenger bus en route from Chandigarh to Pathankot. At roughly 10:40 am, as the vehicle neared Milwan village along the Jalandhar-Pathankot highway, an oncoming truck collided head-on with the bus. Kumari sustained fatal injuries and died instantly at the scene.
An FIR concerning the incident was subsequently registered at a police station located in Kangra district. In its 2001 determination, the claims tribunal concluded that the truck driver was entirely responsible for the fatal crash before issuing the original Rs 1.92 lakh award that has now been enhanced.
