Amrit Pal Kaur Etc. v. Nirbhey Singh Etc.

[1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Date of decision: 28.10.2025 Amrit Pal Kaur Etc.

...Appellant

Versus

Nirbhey Singh Etc.

...Respondent

CORAM:

HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:

Mr. Sanjiv Pabbi, Advocate for the appellant in FAO-2306-2001.

Mr. Kashish Garg, Advocate for the respondent Nos.1 to 4.

**** DEEPAK GUPTA, J. (ORAL) 1.

Vide an award dated 04.04.2001, Learned Tribunal had assessed the compensa9on payable to the LRs of deceased Harbans Singh at ₹6,30,000/-. The annual income of the deceased was ₹72,000/-, as he was a Constable, on salary. Learned Tribunal had made 1/3rd deduc9on and by applying the mul9plier of 13, the compensa9on was calculated. 2.

The claimants who are the widow, 2 minor children and mother of the deceased filed the appeal bearing FAO-3124-2002 seeking enhancement; whereas, the Insurance Company filed FAO-2306-2001 seeking exemp9on of its liability.

3.

It is fairly conceded by learned counsel for insurance company that in a connected maDer arising out of the same accident, this Court in FAO-935-2000 9tled 'Oriental Insurance Company Vs. Kiran Kaur', decided on 18.05.2011, had dismissed the appeal of the insurance company by holding it to be liable for making the payment of compensa9on. Learned counsel has no informa9on as to whether the above maDer was taken to

[2] the Hon'ble Supreme Court. As such, FAO-2306-2001 as filed by the insurance company is hereby dismissed.

4.

Coming to the appeal of the claimants, the annual income of the deceased works out to be ₹72,000/-. Since, the deceased was a Constable i.e. holding a permanent job, so, 50% amount is liable to be added towards future prospects, which will bring the income to ₹1,08,000/-. There being 4 claimants, 1/4th deduc9on is liable to be made for self expenses and aHer this deduc9on, the annual loss of dependency works out to be ₹81,000/-. Age of the deceased being 32 years, the proper mul9plier is 16 and as such, the total loss of dependency works out to be ₹12,96,000/- 5.

Although, learned counsel for the appellants-claimants submits that 4 claimants are en9tled to the loss of consor9um/filial consor9um to the extent of ₹40,000/- each, as per "Naonal Insurance Company Limited v. Pranay Sethi and others" 2017(4) RCR (Civil) 1009, but considering the fact that the accident took place way back in 1998, it will not be jus9ciable to grant loss of consor9um at that rate. In the opinion of this Court, it will be fit to grant the compensa9on for loss of consor9um @ ₹10,000/- per claimant. Besides ₹10,000/- each for loss of estate and funeral expenses are granted. That will make the total compensa9on amount to be ₹13,56,000/-. 6.

AHer deduc9ng ₹6,30,000/- already awarded by the Tribunal, the enhanced amount of compensa9on works out to be ₹7,26,000/-. As such, it is directed that appellants-claimants shall be en9tled to the enhanced compensa9on amount of ₹7,26,000/- along with interest at the rate 7.5% per annum, from the date of filing of the claim pe99on, 9ll actual realiza9on.

7.

As is pointed out by the learned counsel that learned Tribunal

[3] had awarded interest from the date of award, the order to that effect is modified by holding that even the amount of compensa9on as awarded by the Tribunal shall be payable along with interest from the date of filing of the claim pe99on 9ll payment. The propor9on, in which the enhanced amount is to be disbursed to the claimants, shall be the same as awarded by the Tribunal.

8.

Disposed of.

28.10.2025 (DEEPAK GUPTA) Yogesh JUDGE Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No