Fao No. 2835 of 2015 · Punjab And Haryana High Court · 2025

repairing and polishing of shoes is concerned, Smt.Bala, widow of the deceased, had stepped into witness box as PW-1 and in her affidavit, she had categorically stated about the vocation followed by her husband. Even if, it is so taken, it is pertinent to mention that the monthly earnings of Rs.15,000/- as asserted, does not stand established. Though, learned Tribunal had considered the deceased to be indulging in manual labour, but however, as per minimum wages, prevalent in the State of Haryana, at the relevant time, were to the extent of Rs.5,547/- and in view of the testimony of claimant No.1, taking the earnings of the deceased as Rs.6,000/- per month, which falls in the category of skilled labourer, this is the appropriate amount, so taken, while considering no proof of exact extent of earnings, coming on record and also considering the tendency amongst the claimants to assert about the exaggerated earnings of the deceased, in the motor accident claim case. Considering the same, the earnings of Rs.6,000/- per month, as assessed by learned Tribunal, is appropriate. However, as per Smt.Sarla Verma vs. Delhi Transport Corporation and anr., 2009(3) RCR (Civil) 77, considering the number of dependents, deduction to the extent of 1/3rd, on the count of ‘personal expenses’, ought to be made, as done by learned Tribunal and as such, the loss of dependency comes to be Rs.6000- VINEET GULATI 2025.01.31 14:02 I attest to the accuracy and authenticity of this document Chandigarh FAO-2835-2015 2000=Rs.4000/-. -4- Considering the age of the deceased to be 37 years, as per National Insurance Company Limited vs. Pranay Sethi and others, 2017(4) RCR (Civil) 1009, addition of 40% ought to be made, on the count of ‘future prospects’ and thus, the income of the deceased is worked upon as Rs.4000+1600=Rs.5600/-, annual whereof, comes to be Rs.67,200/-. Considering the age of the deceased, as per Sarla Verma’s case (supra), the appropriate and suitable multiplier, to be applied is ‘15’, as applied by learned Tribunal and thus, by applying the same, the loss of dependency, works out to be Rs.67200x15=Rs.10,08,000/-. However, learned Tribunal had granted an amount of Rs.1,00,000/-, on the counts of ‘loss of consortium’ and ‘loss of estate’, but this is on higher side. As per Pranay Sethi’s case (supra), the amount on this count of ‘loss of consortium’ has been fixed as Rs.40,000/-, with clause of enhancement to the extent of 10%, after period of every three years of pronouncement of the judgment and, the compensation, at present, works out to be Rs.48,400/-. Considering the status of the appellants to be widow and daughter of the deceased, as per Magma General Insurance Company Limited vs. Nanu Ram @ Chuhru Ram and others, 2018 (18) SCC 130, both of them, are entitled to ‘spousal’ and ‘parental consortium’. Thus, on the count of ‘loss of consortium’, the appellants-claimants are entitled to Rs.48,400x2=Rs.96,800/-. As per Pranay Sethi’s case (supra), working on the same parameters, even, on the counts of ‘loss of estate’ and ‘funeral expenses’, the compensation payable, comes to be Rs.18,150/-, on each count. VINEET GULATI 2025.01.31 14:02 I attest to the accuracy and authenticity of this document Chandigarh FAO-2835-2015 -5- Also, it is pertinent to mention that learned Tribunal had granted Rs.50,000/-, on the count of ‘loss of love and affection’. However, in Magma’s case (supra), it is laid down that 'loss of love and affection is comprehended in loss of consortium' and in this context, it was observed that there is no justification to award compensation towards 'loss of love and affection', as a separate head, which view was further endorsed in ‘United India Insurance Company Limited vs. Satinder Kaur Alias Satwinder Kaur and Others, (2021) 11 SCC 780’. Considering the same, the compensation payable to appellants- claimants, on account of death of Ramesh, is re-computed, as herein given:- Loss of dependency Loss of consortium Loss of estate Funeral expenses : : : : Rs.10,08,000/- Rs.96,800/- Rs.18,150/- Rs.18,150/- Total : Rs.11,41,100/- As such, the enhanced compensation, after the deduction of compensation awarded by the Tribunal comes to be Rs.11,41,100- 8,95,000=Rs.2,46,100/-. On the enhanced amount of the compensation i.e. Rs.2,46,100/-, the appellants-claimants shall be entitled to the interest, at the rate of 6% per annum, from the date of filing of the present appeal, till realization of the enhanced amount of compensation. The enhanced amount of compensation, as now worked upon, shall be disbursed to the appellants- claimants, in equal shares. Accordingly, the impugned Award dated 23.02.2015 stands modified, to the extent, as indicated aforesaid. The residue terms of the VINEET GULATI 2025.01.31 14:02 I attest to the accuracy and authenticity of this document Chandigarh FAO-2835-2015 -6- Award, as ordered by learned Tribunal, shall remain the same. With the above observations, the present appeal stands allowed. January 29, 2025 Vgulati (ARCHANA PURI) JUDGE Whether speaking/reasoned Whether reportable Yes Yes/No VINEET GULATI 2025.01.31 14:02 I attest to the accuracy and authenticity of this document Chandigarh