Three Children And A Mother-In-Law, And The Award Had To Be Split
The claimants wanted more and the insurance company wanted less. The High Court raised the award and set out exactly who receives what.
The Court enhanced the total compensation from Rs 26,36,908 to Rs 35,45,480 — an increase of about Rs 9,09,000 — carrying interest at 7.5 per cent from the date of the claim petition. Liability is joint and several, with the insurer indemnifying the insured. Rs 2,50,000 goes to each of the three children and the rest to the mother-in-law. The insurer's appeal for a reduction was dismissed.
- Both appeals were heard together — the claimants' for more, the insurer's for less. Only one succeeded.
- Apportionment is part of the award, not an afterthought for the tribunal.
- The Tribunal's own award is split the same way, so the whole sum follows one formula.
- 7.5 per cent on the enhanced amount, from the date of the claim petition until realisation.
- Court
- High Court of Punjab & Haryana at Chandigarh
- Bench
- Justice MR. JUSTICE DEEPAK GUPTA
- Citation
- FAO No. 5082 of 2016
- Case
- FAO No. 5082 of 2016
- Decided
- 3 September 2026
- Outcome
- Claimants' appeal partly allowed; insurer's appeal dismissed and award enhanced
The two appeals
The claimants appealed for enhancement of the award of Rs 26,36,908 made by the Tribunal. The insurance company appealed seeking its reduction. Both were heard together.
The figure, and who gets it
The Court re-worked the heads of compensation, including funeral expenses, and arrived at a total of Rs 35,45,480.
That enhances the award by Rs 9,08,572, rounded off to Rs 9,09,000. The enhanced amount carries interest at 7.5 per cent per annum from the date of filing the claim petition until realisation.
Liability of the first and second respondents remains joint and several, with the insurance company liable to indemnify the insured. Rs 2,50,000 is payable to each of the three children with proportionate interest, and the balance with proportionate interest to the mother-in-law. The amount awarded by the Tribunal is to be disbursed in the same proportion.
The claimants' appeal was partly allowed and the insurer's appeal dismissed, the award of November 2015 being modified accordingly.
Who argued it
Appearances as recorded in the judgment of the Court.
Frequently asked
Can the insurer get an award reduced on appeal?
It can try. Here the insurer's appeal was dismissed and the award went up instead.
How was the money divided?
Rs 2,50,000 to each of the three children with proportionate interest, and the remainder to the mother-in-law.
Arguing enhancement against an insurer's cross-appeal
- Rebuild every head of compensation rather than asking for a percentage increase.
- Propose the apportionment yourself, with the children's shares fixed in figures.
- Ask that the Tribunal's original award be disbursed on the same formula, or two schemes run in parallel.
- Press for interest from the date of the claim petition, not the date of the appellate judgment.
Source. High Court of Punjab & Haryana at Chandigarh, FAO No. 5082 of 2016, decided 3 September 2026 by Justice MR. JUSTICE DEEPAK GUPTA. This explainer is written from the judgment text as reported.
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