Punjab-Haryana High Court
Rajwinder Singh And Anr vs United India Insurance Co Ltd And Others on 4 November, 2025
Author: Alka Sarin
Bench: Alka Sarin
130-4
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO-4941-2023 (O&M)
Date of Decision : 04.11.2025
Rajwinder Singh & Anr ... Appellant(s)
Versus
United India Insurance Co Ltd & Ors ... Respondent(s)
CORAM : HON'BLE MRS. JUSTICE ALKA SARIN
Present : Mr. Gurmeet Singh Saini, Advocate for the appellants.
Mr. Vinod Gupta, Advocate for respondent No.1.
ALKA SARIN, J. (Oral)
CM-16923-CII-2023
1. For the reasons mentioned therein, the application seeking
condonation of delay of 51 days in filing the appeal is allowed and the delay
of 51 days in filing the appeal is condoned.
FAO-4941-2023
2. The present appeal has been preferred by the claimant-appellants
aggrieved by the quantum of compensation awarded by the Motor Accident
Claims Tribunal, Bathinda (hereinafter referred to as 'Tribunal') vide the
impugned award dated 10.01.2023 in a motor vehicle accident which occurred
on 09.07.2020.
3. Since the factum of the accident is not in dispute, the facts are
not being adverted to for the sake of brevity.
authenticity of this judgment/order.
4. The Tribunal in the present case had awarded the following
compensation :
Sr. No. Heads Compensation Awarded
1 Monthly Income ₹11,000/-
2 Future Prospects - 40% ₹15,400/- [₹11,000 + ₹4,400]
3 Deduction - 50% ₹7,700/- [₹15,400 - ₹7,700]
4 Annual Income ₹92,400/- [₹7,700 x 12]
5 Multiplier - 18 ₹16,63,200/- [₹92,400 x 18]
6 Loss of estate ₹16,500/-
7 Funeral expenses ₹16,500/-
8 Loss of consortium ₹88,000/-
Total Compensation ₹17,84,200/-
Interest 7.5%
5. Learned counsel for the claimant-appellants states that he does
not challenge the income, deduction, future prospects and multiplier as
applied by the Tribunal. He, however, states that the compensation awarded
under the conventional heads as well as under the head 'loss of consortium' is
not in accordance with the law laid down by 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].
6. Per contra, the learned counsel for respondent No.1-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.
7. I have heard the learned counsel for the parties.
authenticity of this judgment/order.
8. Admittedly, no appeal has been preferred by the Insurance
Company. In the present case, since no challenge has been laid by the learned
counsel for the claimant-appellants to the income, future prospects, deduction
and multiplier as applied by the Tribunal, the same are maintained
accordingly. Further, the compensation awarded under the conventional heads
and under the head 'loss of consortium' is 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 claimants would be entitled to ₹18,000/- (₹15,000+20% increase)
towards loss of estate and ₹18,000/- (₹15,000+20% increase) towards funeral
expenses and the claimants (parents of the deceased) would also be entitled to
₹48,000/- each (₹40,000+20% increase) towards loss of consortium.
Accordingly, the reworked compensation is as under :
Sr. No. Heads Compensation Awarded
1 Monthly Income ₹11,000/-
2 Annual Income ₹1,32,000/- [₹11,000 x 12]
3 Deduction - 50% ₹66,000/- [₹1,32,000 - ₹66,000]
4 Future Prospects - 40% ₹92,400/- [₹66,000 + ₹26,400]
5 Multiplier - 18 ₹16,63,200/- [₹92,400 x 18]
6 Loss of estate ₹18,000/-
7 Funeral expenses ₹18,000/-
8 Loss of consortium
(i) Filial [₹48,000/- x 2] ₹96,000/-
Total Compensation ₹17,95,200/-
9. The amount in excess of and over and above the amount awarded
by the Tribunal shall also attract interest @ 7.5% per annum from the date of
filing of the claim petition till the realization of the entire amount.
10. In view of the decision by the Hon'ble Supreme Court in
authenticity of this judgment/order.
Parminder Singh Vs. Honey Goyal & Ors. [AIR 2025 SC 1713 = 2025
SCC OnLine SC 567], after calculation of the enhanced amount, the same be
transferred by the Insurance Company in the bank account(s) of the claimants
within six weeks from today and the apportionment thereof shall be as per the
direction of the Tribunal. The particulars of the bank account(s) alongwith the
requisite documents(s) in support thereof shall be furnished by the claimants
to the Insurance company within a period of two weeks from the date of this
order and needful shall be done by the Insurance Company after verification
thereof within four weeks thereafter alongwith up-to-date interest. The
compliance shall be reported by the Bank to the Tribunal concerned.
11. 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.
04.11.2025 ( ALKA SARIN )
Yogesh Sharma JUDGE
NOTE: Whether speaking/non-speaking: Speaking
Whether reportable: YES/NO
authenticity of this judgment/order.
