Tej Kaur And ORS. v. Om Parkash And ORS.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH Date of Decision : 12.08.2025 TEJ KAUR AND ORS.
.... Appellants
VERSUS
OM PARKASH AND ORS .... Respondents CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :
Mr. Satbir Gill, Advocate for the appellants. Ms. Mallika Dhillon, Advocate for Mr. S.S. Sidhu, Advocate for respondent No.3. ALKA SARIN, J. (ORAL) CM-18348-CII-2018 This is an application for condonation of delay of 14 days in filing the main appeal.
For the reasons stated in the application, the same is allowed and the delay of 14 days in filing the main appeal is condoned. FAO-5432-2018 The present appeal has been preferred by the claimant-appellants aggrieved by the quantum of compensation awarded by the Motor Accident Claims Tribunal, Sirsa, (hereinafter referred to as 'the Tribunal') vide award dated 30.08.2017.
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.
The Tribunal in the present case had awarded the following compensation :
-2Sr. No.
Heads Compensation Awarded Monthly income ₹7,000 Deduction 1/3rd [₹7,000 - ₹2,333] = ₹4,667 Annual income [₹4,667 x 12] = ₹56,004 Multiplier of '13'
[₹56,000 x 13] = ₹7,28,052 Transportation and funeral expenses ₹25,000 6.
Loss of consortium ₹1,00,000 7.
Loss of love and affection ₹1,00,000 Total Compensation ₹9,53,052 (rounded off to ₹9,53,100) Interest 9% per annum 6.
The only argument of the learned counsel for the claimantappellants is that no addition has been made towards future prospects which ought to have been 25% keeping in view the law laid by the Hon'ble Supreme Court in the case of National Insurance Company Ltd. vs. Pranay Sethi & Ors. [(2017) 16 SCC 680].
7.
Per contra, the learned counsel appearing on behalf of respondent No.3-Insurance Company has vehemently argued that sufficient amount had already been awarded as compensation in the present case and that there is no scope of any enhancement.
8.
Heard.
9.
No appeal has been preferred by the Insurance Company. Since the only grievance of the claimant-appellants is qua the addition of future prospects, the compensation awarded by the Tribunal under the remaining heads is accordingly maintained. In the present case no addition had 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), 25% addition is made
-3towards future prospects. Accordingly, the argument of the learned counsel for the claimant-appellants is accepted and addition of 25% is made towards future prospects in the actual income of the deceased 10.
Accordingly, the reworked compensation is as under : Sr. No.
Heads Compensation Awarded Monthly income ₹7,000 Annual income [₹7,000 x 12] = ₹84,000 Deduction @1/3rd [₹84,000 - ₹28,000] = ₹56,000 Future prospects @ 25% [₹56,000 + ₹14,000] = ₹70,000 Multiplier '13 [₹70,000 x 13] = ₹9,10,000 6.
Transportation and funeral expenses ₹25,000 7.
Loss of consortium ₹1,00,000 8.
Loss of love and affection ₹1,00,000 Total Compensation ₹11,35,000 11.
The amount in excess of and over and above the amount awarded by the Tribunal shall also attract interest @ 9% 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 Tribunal.
12.
In view of the decision by the Hon'ble Supreme Court in Parminder Singh vs. Honey Goyal & Ors. [2025 INSC 361 = AIR 2025 SC 1713], after calculation of the enhanced amount, the same be transferred by respondent No.3-Insurance Company in the bank account(s) of the claimant-appellants within a period of six weeks from today. The particulars of the bank account(s) along with the requisite documents in support thereof shall be furnished by the claimant-appellants to respondent No.3-Insurance
-4company 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. 13.
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. 12.08.2025 (ALKA SARIN) Aman Jain JUDGE NOTE:
Whether speaking/non-speaking: Speaking Whether reportable: Yes/No