Sankeshiya Devi Etc v. Kulwinder Singh Etc

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

FAO-3282-2021 (O&M) Date of Decision : 08.05.2025 Sankeshiya Devi and Others ....Appellants

VERSUS

Kulwinder Singh and Others ....Respondents CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Ms. Ekta Thakur, Advocate for the appellants. Mr. Abhinav Singla, Advocate for respondent No.3. ALKA SARIN, J. (Oral) 1.

Present appeal has been preferred by the claimant-appellants aggrieved by the quantum of compensation awarded by the Motor Accident Claims Tribunal, Chandigarh (hereinafter referred to as the 'Tribunal') vide award dated 25.02.2021 on account of death of Anhoti Yadav (hereinafter referred to as the 'deceased').

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 Monthly income ₹6,682/- Annual income [₹6,682 x 12] = ₹80,184/- Future prospects @ 40% [₹80,184 x 32073] = ₹1,12,257/- Deduction - 1/4th [₹1,12,257 - 28,064] = ₹84,193/- Multiplier -16 [₹84,193 x 16] = ₹13,47,088/-

-2Loss of estate ₹15,000/- Funeral expenses ₹15,000/- Loss of consortium @ ₹40,000/- each [₹40,000 x 5] = ₹2,00,000/- Total compensation ₹15,77,088/- Interest 7.5% per annum 4.

Learned counsel for the parties are ad idem that before the Daily Lok Adalat, the Insurance Company had agreed that the deceased be treated as a skilled worker. Learned counsel for the claimant-appellants has contended that though the Tribunal has rightly applied a deduction of 1/4th, multiplier of 16 and future prospects @ 40%, however, the amounts awarded under the conventional heads as well as under the head 'loss of consortium' are not in accordance with the law. 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].

5.

Per contra learned counsel for respondent No.3-Insurance Company would contend that sufficient amount has already been awarded and there is no scope of any enhancement.

6.

Heard.

7.

In the present case, no appeal has been filed by respondent No.3-Insurance Company. Since there is no challenge to the deduction,

-3multiplier and the addition towards loss of future prospects as assessed by the Tribunal, the same are accordingly maintained. The Insurance Company had agreed before the Lok Adalat that the deceased be treated as a skilled worker and hence, as observed in order dated 25.01.2023 passed by the Lok Adalat, the deceased is treated as a skilled worker. The minimum wages for a skilled worker prevailing at the relevant point of time were ₹9,854/- per month and hence, the income of the deceased is assessed as ₹9,854/- per month.

The amounts awarded under the conventional heads as well as the under the 'loss of consortium' are also not in accordance with the law inasmuch as an amount of ₹30,000/- has been awarded towards loss of estate and funeral expenses and ₹2,00,000/- under the head 'loss of consortium' and hence, 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), the claimant-appellants would be entitled to Rs.18,000/- (Rs.15,000+20% increase) towards loss of estate and Rs.18,000/- (Rs.15,000+20% increase) towards funeral expenses. The claimant-appellants would also be entitled to Rs.48,000/- each (Rs.40,000+20% increase) towards loss of consortium. 8.

Accordingly, the reworked compensation is as under : Sr. No.

Heads Compensation Awarded Monthly Income ₹9,854/- Annual Income ₹1,18,248/- [₹9,854 x 12] Deduction - 1/4th ₹88,686/- [₹118248 - 29562] Future Prospects - 40% ₹1,24,161/- [₹88686 + 35475] Multiplier - 16 ₹19,86,576/- [₹124161 x 16]

-4Loss 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 ₹22,62,576/- 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. 10.

In view of the decision by the Hon'ble Supreme Court in Parminder Singh vs. Honey Goyal & Ors. [2025 INSC 361 : Civil Appeal No.4299 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 Insurance Company in the bank account(s) of the claimants within six weeks from today and the apportionment thereof shall be as per the percentage directed by the Tribunal and the share of the minor claimants (appellant Nos.2 and 3 herein) shall be kept in fixed deposits by the Bank concerned. 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.

-511.

In view of the above discussion, the award passed by the Tribunal is modified and the present appeal stands allowed accordingly. Pending applications, if any, also stand disposed off. ( ALKA SARIN ) 08.05.2025 JUDGE jk NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO