Punjab-Haryana High Court
Faiman & Ors vs Ismail And Ors on 5 March, 2025
Author: Alka Sarin
Bench: Alka Sarin
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
274 FAO-364-2018 (O&M)
Date of Decision : 05.03.2025
SMT. FAIMAN & ORS. .... Appellants
VERSUS
ISMAIL AND ORS .... Respondents
CORAM : HON'BLE MRS. JUSTICE ALKA SARIN
Present : Mr. Shivam Sharma, Advocate for
Mr. Ashish Gupta, Advocate
for the appellants.
Mr. Nigam K. Bhardwaj, Advocate and
Ms. Tanu, Advocate
for respondent No.3.
Service of respondents No.1, 2, 4 and 5 dispensed with
vide order dated 20.01.2020.
ALKA SARIN, J. (ORAL)
1. The present appeal has been preferred by the claimant-
appellants aggrieved by the quantum of compensation awarded by the Motor
Accident Claims Tribunal, Mewat (hereinafter referred to as 'the Tribunal')
vide award dated 02.03.2017.
2. Since the factum of the accident is not in dispute, the facts, as
recorded in the impugned award passed by the Tribunal, are not being
adverted to herein for the sake of brevity.
3. The Tribunal in the present case had awarded the following
compensation :
274 FAO-364-2018 (O&M) -2-
Sr. No. Heads Compensation Awarded
1. Monthly income ₹7,400
2. Deduction 1/3rd [₹7,400 - ₹2,466] = ₹4,934
3. Annual income [₹4,934 x 12] = ₹59,208
4. Multiplier of '18' [₹59,208 x 18] = ₹10,65,744
5. Loss of consortium and loss of ₹1,00,000
estate
6. Loss of love and affection ₹1,00,000
7 Transportation and funeral ₹25,000
expenses
Total Compensation ₹12,90,744
Interest @9% per annum
4. Learned counsel for the claimant-appellants would contend that
deduction of 1/3rd has wrongly been applied by the Tribunal whereas it ought
to have been 1/4th as there were six (06) dependents. It is further the
contention that no addition has been made towards future prospects and that
the amounts awarded under the head 'loss of consortium' and under the
conventional heads are on the lower side. In support of his contentions the
learned counsel for the claimant-appellants 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. Heard.
274 FAO-364-2018 (O&M) -3-
7. In the present case no amount has been awarded towards future
prospects and hence as per the law laid down by the Hon'ble Supreme Court in
the case of Pranay Sethi (supra), 40% addition is made towards future
prospects. Further, the deduction of 1/3rd has wrongly been applied which ought
to have been 1/4th keeping in view the fact that there were six (06) dependents.
The amount awarded under the conventional heads and under the head 'loss of
consortium' are not as per 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). Hence, 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, being widow mother, siblings, widow and son of the deceased,
would also be entitled to ₹48,000 each (₹40,000 + 20% increase) towards loss
of consortium. Since there is no challenge to the income of the deceased being
₹7,400 per month and the multiplier of '18' as applied by the Tribunal, the
same are maintained.
8. Accordingly, the reworked compensation case is as under :
Sr. No. Heads Compensation Awarded
1. Monthly income ₹7,400
2. Deduction ¼th [₹7,400 - ₹1,850] = ₹5,550
3. Annual income [₹5,550 x 12] = ₹66,600
4. Future prospects @ 40% [₹66,600 + ₹26,640] = ₹93,240
5. Multiplier of '18' [₹93,240 x 18] = ₹16,78,320
6. Loss of estate ₹18,000
7. Funeral Expenses ₹18,000
8. Loss of Consortium :
(i) Parental ₹48,000
(ii) Filial ₹1,92,000 [₹48,000 x 4]
(iii) Spousal ₹48,000
Total = ₹2,88,000
Total Compensation ₹20,02,320
274 FAO-364-2018 (O&M) -4-
9. The amount in excess of and over and above the amount
awarded by the Tribunal shall also attract interest @ 9% per annum from the
date of filing of the claim petition till the realization of the entire amount.
The amount shall be apportioned between the claimant-appellants as directed
by the Tribunal.
10. In view of the above discussion, the present appeal is allowed
and the award passed by the Tribunal is modified accordingly. Pending
applications, if any, also stand disposed off.
05.03.2025 (ALKA SARIN)
Aman Jain JUDGE
NOTE: Whether speaking/non-speaking: Speaking
Whether reportable: Yes/No
