Punjab-Haryana High Court
Bala Devi And Another vs Parveen Kumar And Another on 27 November, 2025
Author: Alka Sarin
Bench: Alka Sarin
268
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
FAO-4185-2019 (O&M)
Date of Decision : 27.11.2025
Bala Devi and Another ... Appellants
Versus
Parveen Kumar and Another ... Respondents
CORAM : HON'BLE MRS. JUSTICE ALKA SARIN
Present : Mr. Rajender Kumar, Advocate for the appellants.
Mr. D.K. Prajapati, Advocate for respondent No.2.
ALKA SARIN, J. (Oral)
CM-13557-CII-2019
1. This is an application for condonation of delay of 109 days in
filing the appeal.
2. For the reasons stated in the application, delay of 109 days in
filing the appeal is condoned. CM stands disposed off. However, the claimant-
appellants shall not be entitled to any interest for the period of delay in filing
the appeal.
FAO-4185-2019
3. The present appeal has been preferred by the claimant-appellants
aggrieved by the quantum of compensation awarded by the Motor Accident
Claims Tribunal, Kurukshetra (hereinafter referred to as 'Tribunal') vide the
impugned award dated 05.10.2018 on account of death of Amit Kumar in a
motor vehicle accident which occurred on 11.06.2017.
4. Since the factum of the accident is not in dispute, the facts are
not being adverted to for the sake of brevity.
5. The Tribunal in the present case had awarded the following
compensation :
Sr.No. Heads Compensation Awarded
1 Monthly Income ₹8,300/-
2 Annual Income ₹99,600/- [₹8,300 x 12]
3 Future Prospects - 40% ₹1,39,440/- [₹99,600 + ₹39,840]
4 Deduction - 50% ₹69,720/- [₹1,39,440 - ₹69,720]
5 Multiplier - 18 ₹12,54,960/- [₹69,720 x 18]
6 Loss of estate ₹15,000/-
7 Funeral expenses ₹15,000/-
Total Compensation ₹12,84,960/-
Interest 7.5%
6. Learned counsel for the claimant-appellants states that though he
does not challenge the income, deduction, multiplier and the future prospects
as applied by the Tribunal, however, he has contended that the compensation
awarded under the conventional heads is not in accordance with the law laid
down by the Hon'ble Supreme Court and that the Tribunal has not awarded
any compensation under the head 'loss of consortium'. In support of his
contention, he has relied upon 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].
7. Per contra, the learned counsel for the respondent No.2-
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.
8. I have heard the learned counsel for the parties.
9. 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, deduction, multiplier and
the future prospects as applied by the Tribunal, the same are maintained
accordingly. The Tribunal has awarded an amount of ₹15,000/- towards loss
of estate and ₹15,000/- towards funeral expenses, which is not in accordance
with the law. Further, the Tribunal has not awarded any compensation under
the head 'loss of consortium'. Hence, 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), 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
as also to ₹48,000/- each (₹40,000+20% increase) towards loss of filial
consortium. Accordingly, the reworked compensation is as under :
Sr. No. Heads Compensation Awarded
1 Monthly Income ₹8,300/-
2 Annual Income ₹99,600/- [₹8,300 x 12]
3 Deduction - 50% ₹49,800/- [₹99,600 - ₹49,800]
4 Future Prospects - 40% ₹69,720/- [₹49,800 + ₹19,920]
5 Multiplier - 18 ₹12,54,960/- [₹69,720 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 ₹96,000/-)
Total Compensation ₹13,86,960/-
10. 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. However,
the claimant-appellants shall not be entitled to any interest for the period of
delay in filing the appeal.
11. In view of the decision by the Hon'ble Supreme Court in
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
percentage directed by the Tribunal. The particulars of the bank account(s)
alongwith the requisite documents(s) in support thereof shall be furnished by
the claimant-appellants 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.
12. In view of the above discussion, the award passed by the Tribunal
is modified and the present appeal stands allowed accordingly. Pending
applications, if any, also stand disposed off.
27.11.2025 ( ALKA SARIN )
jk JUDGE
NOTE: Whether speaking/non-speaking: Speaking
Whether reportable: YES/NO
