Babbu v. Ranneet Singh And Others
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
FAO-47-2024 (O&M) Date of Decision : 23.09.2025 Babbu ... Appellant
Versus
Ravneet Singh and Others ... Respondents CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :
Dr. Hardeep Singh, Advocate for Mr. L.S. Mann, Advocate for the appellant.
Mr. Sanjeev Kodan, Advocate for respondent No.2. ALKA SARIN, J. (Oral) CM-123-CII-2024 1.
This is an application for condonation of delay of 284 days in filing the appeal.
2.
For the reasons stated in the application, delay of 284 days in filing the appeal is condoned. CM stands disposed off. However, the claimant shall not be entitled to any interest for the period of delay in filing the appeal. 3.
Present appeal has been preferred by the claimant-appellant aggrieved by the quantum of compensation awarded by the Motor Accident Claims Tribunal, Jalandhar (hereinafter referred to as 'Tribunal') vide the impugned award dated 02.12.2022 on account of death of Satnam Sidhu (hereinafter referred to as the 'deceased') in a motor vehicle accident which
-2occurred on 13.01.2020.
4.
Since the factum of the accident is not in dispute, the facts are not being adverted to for the sake of brevity. 5.
The Tribunal in the present case had awarded the following compensation :
Sr. No.
Heads Compensation Awarded Monthly income ₹8,000/- Future prospects - 40% [₹8,000 + 3,200] = ₹11,200/- [₹11,200 x 12 x 18] = 24,19,200/- Loss of dependency after applying the multiplier of Deduction - 50% [₹24,19,200 - 12,09,600] = ₹12,09,600/- Funeral expenses ₹16,500/- Loss of estate ₹16,500/- Total Compensation ₹12,42,600/- Interest 9% per annum 6.
Learned counsel for the claimant-appellant states that though he does not challenge the deduction, future prospects and the multiplier as applied by the Tribunal, however, he submits that the income of the deceased has wrongly been assessed as ₹8,000/- per month inasmuch as the minimum wage applicable for an unskilled worker prevailing at the time of the accident was ₹9,178/- per month. Learned counsel for the claimant-appellant would further contend that the compensation awarded by the Tribunal under the conventional heads is not in accordance with the law laid down by the Hon'ble Supreme Court and that no amount has been awarded under the head 'loss of consortium'. 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
-3Insurance 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]. 7.
Per contra, the learned counsel for the respondent No.2Insurance Company has vehemently argued that sufficient amount has already been awarded as compensation in the present case and that there is no scope of any enhancement.
8.
Heard.
9.
Admittedly, no appeal has been preferred by the Insurance Company. In the present case, since no challenge has been laid by the learned counsel for the claimant-appellant to the deduction, future prospects and multiplier as applied by the Tribunal, the same are maintained accordingly. The Tribunal has assessed the income of the deceased as ₹8,000/- per month which in the opinion of this Court is on the lower side inasmuch as the minimum wage applicable for an unskilled worker at the time of the accident was ₹9,178/- per month. Hence, the income of the deceased is assessed as ₹9,178/- per month.
10.
Further, the compensation awarded under the conventional heads is not as per the law laid down by the Hon'ble Supreme Court and the Tribunal has also not awarded any compensation under the head 'loss of consortium. 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 claimants i.e. the claimant-appellant and respondent No.3 herein would be entitled to ₹18,000/- (₹15,000+20% increase) towards loss of estate and ₹18,000/- (₹15,000+20% increase) towards funeral expenses as also to ₹48,000/- each (₹40,000+20% increase)
-4towards loss of filial consortium.
11.
Accordingly, the reworked compensation is as under : Sr. No.
Heads Compensation Awarded Monthly Income ₹9,178/- Annual Income ₹1,10,136/- [₹9,178 x 12] Deduction - 50% ₹55,068/- [₹1,10,136 - ₹55,068] Future Prospects - 40% ₹77,096/- [₹55,068 + ₹22,028] Multiplier - 18 ₹13,87,728/- [₹77,096 x 18] Loss of estate ₹18,000/- Funeral expenses ₹18,000/- Loss of consortium (ii) Filial [₹48,000/- x 2] ₹96,000/- (Total ₹96,000/-) Total Compensation ₹15,19,728/- 12.
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. However, the claimants shall not be entitled to any interest for the period of delay in filing the appeal.
13.
In view of the decision by the Hon'ble Supreme Court in Parminder Singh vs. Honey Goyal & Ors. [AIR 2025 SC 1713 = 2025 SCC OnLine SC 567], 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. 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
-5interest. The compliance shall be reported by the Bank to the Tribunal concerned.
14.
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 ) 23.09.2025 jk JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO