Punjab-Haryana High Court
Manjit Kaur & Ors vs Apnider Singh & Anr on 15 January, 2025
Author: Alka Sarin
Bench: Alka Sarin
Neutral Citation No:=2025:PHHC:005355
IN THE HIGH CO URT OF PUNJAB AND HARYANA AT CHANDIGARH
251 FAO-1759-2016 (O&M)
Date of Decision : 15.01.2025
Manjit Kaur and Others ....Appellants
VERSUS
Apinder Singh and Another ....Respondents
CORAM : HON'BLE MRS. JUSTICE ALKA SARIN
Present : Mr. Neeraj Khanna, Advocate for the appellants.
Mr. Amar Jeet, Advocate for
Ms. Aarushi Garg, Advocate for respondent No.1.
Ms. Alisha Arora, Advocate for respondent No.2.
ALKA SARIN, J. (Oral)
1. Present appeal has been preferred by the claimant-appellants
aggrieved by the quantum of compensation awarded by the Motor Accident
Claims Tribunal, Rupnagar (hereinafter referred to as the 'Tribunal') vide
award dated 16.11.2015 on account of death of Mangat Ram (hereinafter
referred to as the 'deceased').
2. Since the facts, as recorded in the impugned award passed by
the Tribunal, are not in dispute, the same are not being reproduced herein for
the sake of brevity.
3. The Tribunal in the present case had awarded the following
compensation :
Sr. No. Heads Compensation Awarded
1 Monthly income ₹8,000/-
2 Future prospects @ 30% [₹8,000+2,400] = ₹10,400/-
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3 Annual income [₹10,400 x 12] = ₹1,24,800/-
4 Deduction 1/4th [₹1,24,800 - 31,200] = ₹93,600/-
5 Multiplier of 14 [₹93,600 x 14] = ₹13,10,400/-
6 Loss of consortium ₹1,00,000/-
7 Funeral expenses ₹10,000/-
8 Transportation ₹5,000/-
Total Compensation ₹14,25,400/-
Interest 8% per annum
4. Learned counsel for the claimant-appellants would contend that
the amounts awarded by the Tribunal under the conventional heads as well
as under the head 'loss of consortium' are not in accordance with the law
laid down by the Hon'ble Supreme Court. In support of his contentions, he
has relied upon the judgments of the Hon'ble Supreme Court in the cases of
National Insurance Company Ltd. vs. Pranay Sethi & Ors. [(2017) 16
SCC 680], Magma General Insurance Company Limited vs. Nanu Ram
alias Chuhru Ram & Ors. [(2018) 18 SCC 130] and N. Jayasree & Ors.
vs. Cholamandalam M.S General Insurance Company Ltd. [2021(4)
RCR (Civil) 642].
5. Per contra, the learned counsel for respondent No.3-Insurance
Company has vehemently argued that sufficient amount has already been
awarded as compensation in the present case and that there is no scope of
any enhancement.
6. I have heard the learned counsel for the parties.
7. In the present case learned counsel for the claimant-appellants
has not laid any challenge to the income of the deceased, deduction,
multiplier as well as to the addition of future prospects as applied by the
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Tribunal and the same are hereby maintained. The only challenge laid is to
the conventional heads and under the head 'loss of consortium', which
according to learned counsel for the claimant-appellants are not per the law
laid down by the Hon'ble Supreme Court. Accordingly, in view of the law
laid down by the Hon'ble Supreme Court in the cases of Pranay Sethi
(supra), Magma General Insurance Company Limited (supra) and N.
Jayasree (supra), the claimant-appellants would be entitled to ₹18,000/-
(₹15,000+20% increase) towards loss of estate and ₹18,000/- (₹15,000+20%
increase) towards funeral expenses. The claimant-appellants (widow, three
children and mother of the deceased) would also be entitled to ₹48,000/-
each (₹40,000+20% increase) towards loss of consortium.
8. Accordingly, the reworked compensation is as under :
Sr.No. Heads Compensation Awarded
1 Monthly Income ₹8,000/-
2 Annual Income [₹8,000 x 12] = Rs.96,000/-
3 Deduction 1/4th [₹96,000 - 24,000] = Rs.72,000/-
4 Future Prospects - 30% [₹72,000 + 21,600] = Rs.93,600/-
5 Multiplier - 14 [₹93,600 x 14] = Rs.13,10,400/-
6 Loss of estate ₹18,000/-
7 Funeral expenses ₹18,000/-
8 Loss of consortium
(i) Parental [₹48,000/- x 3] ₹1,44,000/-
(ii) Filial ₹48,000/-
(iii) Spousal's ₹48,000/-
(Total ₹2,40,000/-)
Total Compensation ₹15,86,400/-
9. The amount in excess of and over and above the amount
awarded by the Tribunal shall also attract interest @ 8 % per annum from
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the date of filing of the claim petition till the realization of the entire amount.
The amount shall be apportioned between the claimants as directed by the
Tribunal.
10. In view of the above discussion, the present appeal is allowed
and the award passed by the Tribunal stands modified accordingly. Pending
applications, if any, also stand disposed off.
( ALKA SARIN )
15.01.2025 JUDGE
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NOTE: Whether speaking/non-speaking: Speaking
Whether reportable: YES/NO
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