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Punjab and Haryana HC increases payout for man’s death in 2016 road accident by Rs 10 lakh: what changed the math

The parents of Bhupender alias Vicky had challenged the Hisar MACT’s 2018 award of Rs 13.52 lakh, arguing that their son’s income was grossly underestimated.

While no documentary proof of income was produced, Justice Manuja relied on Supreme Court guidelines to arrive at a more realistic figure.While no documentary proof of income was produced, Justice Manuja relied on Supreme Court guidelines to arrive at a more realistic figure.

The Punjab and Haryana High Court has nearly doubled the compensation amount awarded by the Motor Accident Claims Tribunal (MACT) in Hisar to the parents of a 30-year-old man who was killed in a road accident nearly a decade ago.

Justice Harkesh Manuja on Thursday increased the compensation from Rs 13,52,022 to Rs 24,16,800, marking an enhancement of Rs 10,64,778.

The case relates to the death of Bhupender alias Vicky, who was killed in a motor vehicle accident on June 11, 2016. His parents had challenged the tribunal’s 2018 award, arguing that their son’s income was grossly underestimated and that several legal principles on compensation were wrongly applied.

The tribunal had fixed the deceased’s monthly income at Rs 9,258, treating him as an unskilled worker. The appellants claimed he was a qualified electrician from ITI Hisar, earning Rs 50,000 per month.

While no documentary proof of income was produced, Justice Manuja relied on Supreme Court guidelines to arrive at a more realistic figure.

The court observed: “Considering the facts of the present case, it is a matter of common knowledge that a person working as electrician who had acquired his requisite technical qualification from ITI, Hisar would have a reasonable and steady source of income, sufficient to maintain himself and contribute to his family.”

Citing precedents, including Kubra Bibi vs Oriental Insurance Co Ltd (2023) and Chandra @ Chanda @ Chandraram vs Mukesh Kumar Yadav & Ors (2022), the judge fixed the deceased’s notional monthly income at Rs 12,000 (Rs 400 per day × 30 days).

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The court added 40 per cent towards future prospects, applied a one-third deduction towards personal expenses (instead of the usual 50% for bachelors), and used the multiplier of 17 corresponding to the deceased’s age of 30 years.

On personal expenses, the judgment noted the special circumstances of the case: “In the given case, it has come on record that the deceased was survived by aged parents. Evidently, being the sole earning member of the family, the deceased was under moral and social obligation to contribute some amount towards the maintenance of his aged parents… the deduction is assessed at one-third (1/3rd) of the income.”

Additional amounts under conventional heads were also revised. The parents received Rs 18,000 for funeral expenses, Rs 18,000 for loss of estate, and Rs 96,000 (Rs 48,000 each) towards loss of filial consortium.

The final calculation awarded Rs 22,84,800 towards loss of dependency, plus the conventional amounts, totalling Rs 24,16,800.

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Interest at 9 per cent per annum from the date of filing the claim petition was retained. The court directed that if the enhanced amount is not paid within three months, it shall carry 12 per cent interest thereafter.

The insurance company did not contest liability or negligence but argued that the tribunal’s award needed no interference. The court, however, found merit in the parents’ appeal and enhanced the compensation accordingly.

The appeal was disposed of with these modifications.

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More

 

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