Punjab-Haryana High Court
Om Parkash And Anr vs Paramjit Singh And Others on 27 November, 2025
Author: Alka Sarin
Bench: Alka Sarin
343
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO-4169-2023 (O&M)
Date of Decision : 27.11.2025
Om Parkash & Anr ... Appellant(s)
Versus
Paramjit Singh & Ors ... Respondent(s)
CORAM : HON'BLE MRS. JUSTICE ALKA SARIN
Present : Mr. Rajesh Tushar, Advocate for the appellants.
Mr. Vinod Gupta, Advocate for respondent No.3.
ALKA SARIN, J. (Oral)
CM-14034-CII-2023
1. This is an application for condonation of delay of 707 days in
filing the appeal.
2. For the reasons stated in the application, delay of 707 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-4169-2023
3. The present appeal has been preferred by the claimant-appellants
aggrieved by the quantum of compensation awarded by the Motor Accident
Claims Tribunal, Karnal (hereinafter referred to as 'Tribunal') vide the
impugned award dated 02.04.2019 in a motor vehicle accident which occurred
on 24.09.2017.
4. Since the factum of the accident is not in dispute, the facts are
not being adverted to for the sake of brevity.
YOGESH SHARMA
2025.11.28 09:50
I am the author of this document
Chandigarh
5. The Tribunal in the present case had awarded the following
compensation :
Sr.No. Heads Compensation Awarded
1 Monthly Income ₹9,000/-
2 Deduction - 50% ₹4,500/- [₹9,000 - ₹4,500]
3 Annual Income ₹54,000/- [₹4,500 x 12]
4 Multiplier - 18 ₹9,72,000/- [₹54,000 x 18]
5 Loss of estate ₹15,000/-
6 Funeral expenses ₹15,000/-
Total Compensation ₹10,02,000/-
Interest 6%
6. Learned counsel for the claimant-appellants would contend that
he does not challenge the income, deduction and multiplier as applied by the
Tribunal. He, however, states that that no addition has been made towards
future prospects which ought to have been 40% inasmuch as the deceased was
22 years of age at the time of the accident. It is further the contention of the
learned counsel that no compensation has been awarded under the head 'loss
of consortium' and that the compensation awarded under the conventional
heads is also 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].
7. Per contra, 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.
YOGESH SHARMA
2025.11.28 09:50
I am the author of this document
Chandigarh
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 and multiplier as
applied by the Tribunal, the same are maintained accordingly. The Tribunal
has not made any addition towards future prospects. The deceased was
admittedly 22 years of age, 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, no compensation has been awarded under
the head 'loss of consortium' and the compensation awarded under the
conventional heads 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 ₹9,000/-
2 Annual Income ₹1,08,000/- [₹9,000 x 12]
3 Deduction - 50% ₹54,000/- [₹1,08,000 - ₹54,000]
4 Future Prospects - 40% ₹75,600/- [₹54,000 + ₹21,600]
5 Multiplier - 18 ₹13,60,800/- [₹75,600 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 ₹14,92,800/-
YOGESH SHARMA
2025.11.28 09:50
I am the author of this document
Chandigarh
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
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.
12. 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.
27.11.2025 ( ALKA SARIN )
Yogesh Sharma JUDGE
NOTE: Whether speaking/non-speaking: Speaking
Whether reportable: YES/NO
YOGESH SHARMA
2025.11.28 09:50
I am the author of this document
Chandigarh
