Kawaljeet Kaur And Others v. Mahaveer Bairwa And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Date of Decision : 28.10.2025 KAWALJEET KAUR & ORS .... Appellants

VERSUS

MAHAVEER BAIRWA & ORS .... Respondents CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. S.S. Khurana, Advocate for the appellants. Mr. Vinod Gupta, Advocate for respondent No.3. 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, Rewari (hereinafter referred to as the 'Tribunal') vide award dated 01.12.2018.

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 had awarded the following compensation : Sr. No.

Heads Compensation Awarded 1.

Monthly income ₹15,200 2.

Annual income [₹15,200 x 12] = ₹1,82,400 3.

Deduction @ 1/4th [₹1,82,400 - ₹45,600] = ₹1,36,800 Multiplier of 17 [₹1,36,800 x 17] = ₹23,25,600 Funeral expenses ₹15,000 Loss of estate ₹15,000 Loss of consortium ₹40,000 Total Compensation ₹23,95,600 Interest @ 7.5% per annum

-2Learned counsel for the claimant-appellants would contend that though the claimant-appellants do not challenge the income as assessed, the deduction made and the multiplier as applied by the Tribunal, however, the amounts awarded under the conventional heads as well as under the head 'loss of consortium' are on the lower side and that no addition has been made towards future prospects which ought to have been 40%. 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]. 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.

Heard.

In the present case, since there is no challenge to the income as assessed, the deduction made and the multiplier as applied by the Tribunal, the same are maintained. The argument of the learned counsel for the claimant-appellants that the amounts awarded under the conventional heads and under the head loss of consortium are on the lower side deserves to be accepted. Hence, as per the law laid down by the Hon'ble Supreme Court in the cases of Pranay Sethi (supra), Magma General Insurance Company

-3Limited (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. The claimantappellants, being the widow, the minor children and the parents of the deceased, would also be entitled to ₹48,000 (₹40,000 + 20% increase) each towards loss of consortium. Further, no addition has been made towards future prospects. 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.

8.

Accordingly, the reworked compensation to which the claimantappellants are entitled is as under : Sr. No.

Heads Compensation Awarded 1.

Monthly income ₹15,200 2.

Annual income [₹15,200 x 12] = ₹1,82,400 3.

Deduction @ 1/4th [₹1,82,400 - ₹45,600] = ₹1,36,800 Future prospects @40% [₹1,36,800 + ₹54,720] = ₹1,91,520 Multiplier of 17 [₹1,91,520 x 17] = ₹32,55,840 Funeral expenses ₹18,000 Loss of estate ₹18,000 8.

Loss of consortium (i) Spousal (ii) Parental (iii) Filial ₹48,000 [₹48,000 x 2] = ₹96,000 [₹48,000 x 2] = ₹96,000 Total = ₹2,40,000 Total Compensation ₹35,31,840 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. The amount shall be apportioned between the claimant-appellants as directed by the

-4Tribunal.

10.

In view of the decision by the Hon'ble Supreme Court in Parminder Singh vs. Honey Goyal & Ors. [AIR 2025 SC 1713], after calculation of the enhanced amount, the same be transferred by respondent No.3-Insurance Company in the bank account of the claimant-appellants within a period of six weeks from today. The claim of the minor claimantappellants shall be kept in an FDR with a nationalized bank fetching maximum rate of interest The particulars of the bank account along with the requisite documents in support thereof shall be furnished by the claimantappellants to respondent No.3-Insurance company within a period of two weeks from today and needful shall be done by respondent No.3-Insurance Company after verification thereof within a period of four weeks thereafter along with 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 is modified accordingly. Pending applications, if any, also stand disposed off. 28.10.2025 (ALKA SARIN) Aman Jain JUDGE NOTE:

Whether speaking/non-speaking: Speaking Whether reportable: Yes/No