Shivkanwar Jot Singh And Another v. Shivraj Rao And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH FAO-437-2020 (O&M) Date of decision : 15.10.2025 Shivkanwar Jot Singh & anr.

...... Appellants

Versus

Shivraj Rao & ors.

..... Respondents CORAM : HON'BLE MR.JUSTICE PANKAJ JAIN *** Present :- Mr. Gurmandeep Singh Dhillon, Advocate for Mr. Karanjeet Singh Brar, Advocate for the appellants.

Mr. Vinod, Advocate for respondent No.3-Ins. Co.

*** PANKAJ JAIN, J. (ORAL) CM-435-CII-2020 This is an application for condonation of delay of 116 days in filing the present appeal.

For the reasons recorded in the application, this Court is satisfied that the applicants-appellants have shown sufficient cause to condone the delay in filing the appeal.

Application is allowed. Delay of 116 days in filing the appeal is condoned.

Main case Claimants are in appeal seeking enhancement of compensation awarded by Motor Accident Claims Tribunal, Fazilka vide award dated 13.03.2019.

Claimants filed claim petition seeking compensation on account of death of Davinder Kaur in a motor vehicular accident dated 01.06.2015. Davinder Kaur died at the age of 29 years leaving behind husband-appellant No.1 and a minor son-appellant No.2. The Tribunal has assessed income of Davinder Kaur notionally as Rs.6,000/- per month holding that though it was proved that she was earning but the claimants could not prove her exact income.

Counsel for the appellants seeks enhancement of compensation raising dispute regarding assessment of income. This Court, in United India Insurance Company Limited vs. Poonam Devi and others, FAO-6400-2023, decided on 04.11.2024, while assessing the notional income of a homemaker, observed as under

In view of aforesaid observations, the income of the deceased Davinder Kaur is deemed to be Rs.15,000/- per month. 1/4th deduction needs to be applied. Multiplier of 17 has been rightly applied by the Tribunal. In view of ratio of law laid down by Supreme Court in the case of , 40% of future prospects need to be added. Each of the claimants shall also be entitled for loss of consortium @ Rs.48,000/-. The claimants are also entitled for Rs.18,000/- for loss of estate and Rs.18,000/- for funeral expenses. T Appellant No.1 shall be entitled to 40% of the awarded compensation. 60% of the compensation shall be payable to appellant No.2. Share of appellant No.2 shall be deposited in FDR with the nationalized bank and shall be paid to appellant No.2 on attaining majority. Pending miscellaneous application, if any, also stands disposed off.

( PANKAJ JAIN ) 15.10.2025 JUDGE Pooja Sharma-I Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No