Manisha And Others v. Asim Hussain And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of Decision : 19.03.2025 Manisha & Ors ... Appellant(s)

Versus

Asim Hussain & Ors ... Respondent(s) CORAM :

HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Vikas K. Rana, Advocate for Mr. J.P. Rana, Advocate for the appellants.

Mr. Sahej Mahajan, Advocate for Mr. R.K. Bashamboo, Advocate for respondent No.3. ALKA SARIN, J. (Oral) 1.

The present appeal has been preferred by the claimantappellants aggrieved by the quantum of compensation awarded by the Motor Accident Claims Tribunal, Karnal (hereinafter referred to as 'Tribunal') vide the impugned award dated 13.02.2019 in a motor vehicle accident which occurred on 18.11.2017.

2.

Since the facts, as recorded in the impugned award passed by the Tribunal, are not in dispute, the same are not being reproduced herein for the sake of brevity.

3.

The Tribunal in the present case had awarded the following compensation :

Sr. No.

Heads Compensation Awarded Annual Income ₹10,000 x 12 = ₹1,20,000/- 40% to be added future prospects i.e. ₹3,000/- (4,000 - 1,000 (1/4th) x 12 x 17 ₹6,12,000/-

-2Deduction 1/4th [₹1,20,000 - 30,000] = ₹90,000/- Multiplier of 17 [₹90,000 x 17] = ₹15,30,000/- Loss of consortium ₹40,000/- Funeral expenses ₹15,000/- Loss of estate ₹15,000/- Love and affection to children ₹50,000/- each ₹1,00,000/- Total Compensation ₹23,12,000/- Interest 6% per annum 4.

Learned counsel for the claimant-appellants has not laid any challenge to the income of the deceased, deduction, future prospects as well as multiplier as applied by the Tribunal. He has, however, contended that the amount awarded under the conventional heads and under the head 'loss of consortium' is not as per the law laid down by 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].

5.

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 further scope of any enhancement.

6.

I have heard the learned counsel for the parties. 7.

In the present case, no appeal has been filed by respondent No.3-Insurance Company. Since there is no challenge laid by the learned counsel for the claimant-appellants to the income of the deceased, deduction,

-3multiplier as well as future prospects, hence, the same are accordingly maintained. However, the amount awarded by the Tribunal under the conventional heads and under the head 'loss of consortium' 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) and hence, 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 and the claimants (wife, two children and 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 Monthly Income ₹10,000/- Annual Income ₹1,20,000/- [₹10,000 x 12] Deduction 1/4th ₹90,000/- [₹1,20,000 - 30,000] Future Prospects - 40% ₹1,26,000/- [₹90,000 + 36,000] Multiplier - 17 ₹21,42,000/- [₹1,26,000 x 17] Loss of estate ₹18,000/- Funeral expenses ₹18,000/- Loss of consortium (i) Parental [₹48,000/- x 2] ₹96,000/- (ii) Filial [₹48,000/- x 2] ₹96,000/- (iii) Spousal's ₹48,000/- (Total ₹2,40,000/-) Total Compensation ₹24,18,000/- 8.

The amount in excess of and over and above the amount awarded by the Tribunal shall also attract interest @ 6% per annum from the date of filing of the claim petition till the realization of the entire amount.

-49.

In view of the decision by the Hon'ble Supreme Court in Parminder Singh vs. Honey Goyal & Ors. [2025 INSC 361 : Civil Appeal No._____ of 2025 arising out of SLP (C) No.4484 of 2020 decided on 18.03.2025], after calculation of the enhanced amount, the same be transferred by the respondent No.3-Insurance company in the bank account(s) of the claimant-appellants 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 claimantappellants to respondent No.3-Insurance company within a period of two weeks from the date of this order and needful shall be done by respondent No.3-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.

10.

In view of the above discussion, the present appeal is allowed and the impugned award passed by the Tribunal stands modified accordingly. Pending applications, if any, also stand disposed off. 19.03.2025 ( ALKA SARIN ) JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO