Tragedy to Justice: P&H High Court Recalculates Compensation, Triples Payout for Child Victims in Motor Accident Case

Case Name: Sunita & Anr. v. Vikrant Saklani & Ors.

Date of Judgment: 16 April 2026

Citation: FAO-2104-2021, FAO-2654-2021 & FAO-3296-2021

Bench: Hon’ble Mr. Justice Yashvir Singh Rathor

Held: The Punjab & Haryana High Court held that compensation in motor accident cases must reflect “just compensation” based on settled principles, including minimum wages, future prospects, and appropriate multiplier. In cases involving child victims, notional income must be realistically assessed with reference to minimum wages, and future prospects must be added.

Summary: The appeals arose from a tragic motor accident involving a Volvo bus, resulting in the death of three victims—two minor children aged 5 and 9 years, and an 18-year-old girl. The Tribunal had awarded comparatively modest compensation, which was challenged by the claimants seeking enhancement.

The High Court confined its analysis to the issue of quantum of compensation, as the finding of negligence had attained finality. It emphasized that “just compensation” must be neither arbitrary nor symbolic, but grounded in rational and established legal principles.

For the minor children, the Court relied on recent Supreme Court jurisprudence to hold that even in cases of child victims, income should be assessed on the basis of minimum wages of a skilled worker. It fixed notional income at ₹10,000 per month and added 40% towards future prospects, followed by deduction for personal expenses and application of multiplier 18.

In the case of the 18-year-old deceased, the Court took a progressive approach by considering her educational background and future potential, enhancing her notional income to ₹14,000 per month before applying future prospects and multiplier.

The Court also corrected the Tribunal’s omission in awarding compensation under conventional heads such as loss of consortium, loss of estate, and funeral expenses, aligning the award with binding Supreme Court precedents.

Decision: The High Court partly allowed all three appeals and substantially enhanced the compensation:

• ₹16.22 lakh awarded for the 5-year-old deceased (enhancement of ₹11.57 lakh)
• ₹21.87 lakh awarded for the 18-year-old deceased (enhancement of ₹10.77 lakh)
• ₹15.82 lakh awarded for the 9-year-old deceased (enhancement of ₹11.17 lakh)

All amounts were directed to carry interest @ 9% per annum from the date of filing of the claim petitions, payable jointly and severally by the respondents.