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Punjab-Haryana High Court
Amardeep And Ors vs Farman And Ors on 28 November, 2025
Author: Archana Puri
Bench: Archana Puri
1
FAO-1502-2019
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Sr. No.140
FAO-1502-2019
Date of Decision: 28.11.2025
AMARDEEP AND OTHERS
....Appellants
Versus
FARMAN AND OTHERS
.....Respondents
CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI
Present:- Mr. Manglesh Kumar, Advocate for
Mr. Shakti Mehta, Advocate
for the appellants.
Mr. Lalit Garg, Advocate
for respondent No.3-Insurance Company.
*****
ARCHANA PURI, J. (Oral)
The present appeal has been filed by the appellants/claimants
for seeking enhancement of compensation, awarded by learned Motor
Accident Claims Tribunal.
On query by this Court, it is disclosed that there is no appeal
filed at the instance of the Insurance Company, to assail the impugned
Award.
Counsel for the parties heard.
The accident in question had taken place on 22.03.2017 and
Seema had died in the said accident. On appraisal of the evidence brought
FAO-1502-2019
on record, learned Tribunal, while taking the age of the deceased as '35
years' and also considering the fact of her being a diploma-holder of 'Yoga
Instructor' and also further though, not specifically taking into consideration
the fact of the deceased working as a 'Stenographer' with an advocate, at the
relevant time, considered the earnings as Rs.8,000/- per month. The
compensation worked upon by learned Tribunal, is hereingiven in tabular
form:-
Earnings/income Rs. 8,000 x 12 = Rs. 96,000/-
Multiplier applied (16) Rs. 96,000 x 16 = Rs. 15,36,000/-
Loss of consortium Rs. 40,000
Funeral expenses Rs. 15,000/-
Total Rs.15,91,000/-
As such, the total compensation was worked upon as
Rs.15,91,000/-. The said amount was apportioned amongst the appellants, to
the extent of 30% to the husband of the deceased-Amardeep and 35% each
to the daughter and son of the deceased, namely, Mannat and Ansh Rana.
The liability fastened upon the respondents was joint and several.
After hearing counsel for the parties and also going through the
impugned Award, the aforesaid 'work on' of compensation, do call for
recomputation. As evident from paragraph No.10 of the Award, the
deceased was a certified 'Yoga Teacher', holding NCC certificate. Even,
PW-2, Lalit Gupta, Advocate, was examined, with whom, it was asserted
that the deceased was working as 'Stenographer'. However, the aforesaid
testimonies were discarded by learned Tribunal. The earnings of the
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deceased were taken as that of a 'housewife'. Even if it be so, the fact
remains that from the evidence brought on record, it is evident that the
deceased was an educated lady. There are multifarious duties attended to by
the housewife also. Considering the gratuitous duties rendered by her
towards the husband, children and various other members, the lady takes
care of the house, without any vested interest. As such, the earnings taken as
Rs.8,000/- per month, call for enhancement. Weighing the proximate reality,
as such, the value of the services of the deceased is taken as Rs.9,000/- per
month. Taking it to be so, addition of 40% ought to be made, considering
the age of the deceased as '35 years', which is Rs.3,600/-. As such, the
monthly earnings are taken as Rs.12,600/-. Looking at the number of
dependents, 1/3rd is to be deducted, on the count of 'personal expenses' i.e.
Rs.4,200/-. After making the said deduction, loss of dependency works upon
as Rs.8,400/- per month, annual whereof is Rs.1,00,800/-. Considering the
age of the deceased to be '35 years', '16' is the suitable multiplier. After
applying the same, the compensation works upon as Rs.16,12,800/-
(1,00,800 * 16).
Besides the aforesaid, under the conventional heads also, the
compensation awarded calls for enhancement. As per 'National Insurance
Company Limited Vs. Pranay Sethi and others' 2017(4) RCR (Civil) 1009,
an amount of Rs.40,000/- was fixed to be paid, on account of 'loss of
consortium', which calls for further enhancement of 10% after every 3 years,
after pronouncement of the judgment. In the given circumstances, on the
count of 'loss of consortium', the amount payable is Rs.48,400/- each. As
per 'Magma General Insurance Co. Ltd. V/s. Nanu Ram @ Chuhru Ram
FAO-1502-2019
and others' 2018 (4) RCR (Civil) 333, all the three dependents are entitled to
an amount of Rs.48,400/- i.e. Rs.1,45,200/-. Besides the same, in the similar
manner, the amount payable under the count of 'funeral expenses' is
Rs.18,150/-. Even, the compensation on the count of 'loss of estate' has
been given amiss by learned Tribunal, which also at present, is to the extent
of Rs.18,150/-.
In view of the aforesaid, the compensation now worked upon is
hereingiven, in tabular form:-
Earnings assessed Rs. 9,000
Future Prospect (40%) Rs. 3,600/-
Total monthly income Rs.12,600/- (9,000 + 3,600)
Deduction (1/3rd) Rs. 4,200/-
Loss of dependency (Annual) Rs. 1,00,800/- (12,600 - 4,200 * 12)
Multiplier applied (16) Rs. 1,00,800 * 16 = Rs. 16,12,800/-
Loss of consortium Rs. 48,400/- * 3 = Rs.1,45,200/-
Funeral expenses Rs. 18,150/-
Loss of Estate Rs. 18,150/-
Total Rs.17,94,300/-
After deducting an amount of Rs.15,91,000/-, which has already
been awarded by learned Tribunal, from Rs.17,94,300/-, the appellants are
entitled to an enhanced amount of Rs.2,03,300/-. Out of the enhanced
amount, an amount of Rs.1,03,300/- be paid to appellant No.1-Amardeep,
husband of the deceased and an amount of Rs.50,000/- each, be paid to
appellants No.2 and 3. The aforesaid amount shall be payable by the
FAO-1502-2019
Insurance Company, within a period of six weeks. On the enhanced amount,
the appellants shall be held liable to the interest @ 6% per annum, from the
date of filing of the appeal. In case of any default on the part of the
Insurance Company, to make the payment in the given period, it shall be
liable to pay penal interest @ 8% per annum, till realization.
In view of the aforesaid terms, the FAO stands allowed.
(ARCHANA PURI)
28.11.2025 JUDGE
Himanshu Vats
Whether speaking/reasoned : Yes
Whether reportable : Yes/No
