Simranjit Kaur & Anr v. Ranjit Singh & Ors
Case Details
247 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-5683-2017 (O&M) Date of Decision : 29.05.2025 Simranjit Kaur & Anr ... Appellant(s) Versus Ranjit Singh & Ors ... Respondent(s) CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present : Mr. G.S. Saini, Advocate for the appellants. Mr. Abhimanyu Kalsy, Advocate for respondent No.3. ALKA SARIN, J. (Oral) CM-18565-CII-2017 1. For the reasons mentioned therein, the application seeking condonation of delay of 340 days in filing the appeal is allowed and the delay of 340 days in filing the appeal is condoned. However, the claimant- appellants shall not be entitled to any interest for the period of delay in filing the appeal. FAO-5683-2017 2. The present appeal has been preferred by the claimant-
Legal Reasoning
appellants aggrieved by the quantum of compensation awarded by the Motor Accident Claims Tribunal, Ferozepur (hereinafter referred to as ‘Tribunal’), vide the impugned award dated 09.12.2015 in a motor vehicle accident which occurred on 06.03.2013. 3. Since the factum of the accident is not in dispute, the facts are not being adverted to for the sake of brevity. Yogesh Sharma 2025.05.31 09:45 I attest to the accuracy and authenticity of this order/judgment. Chandigarh FAO-5683-2017 (O&M) -2- 4. The Tribunal in the present case had awarded the following compensation : Sr. No. Heads Compensation Awarded 1 2 3 4 5 6 Monthly income Deduction 1/3rd Multiplier 18 Loss of consortium Funeral expenses ₹5,000/- [₹5,000 – 1,650] = ₹3,350/- [₹3,350 x 12 x 18] = ₹7,23,600/- ₹20,000/- ₹15,000/- Total Compensation ₹7,58,600/- Interest 9% per annum 5.
Legal Reasoning
Learned counsel for the claimant-appellants has contended that though he does not challenge the deduction and the multiplier as applied by the Tribunal, however, the income of the deceased has wrongly been assessed as ₹5,000/- per month as the minimum wages of an unskilled worker prevailing at the time of the accident were ₹5,695/- per month. It is further the contention of the learned counsel that no addition has been made towards future prospects which ought to have been 40%. It is further the contention of the learned counsel that the amounts awarded under the conventional heads and under the head ‘loss of consortium’ are not as per the law laid down by 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]. Yogesh Sharma 2025.05.31 09:45 I attest to the accuracy and authenticity of this order/judgment. Chandigarh FAO-5683-2017 (O&M) -3- 6. Per contra, the learned counsel for respondent No.3-Insurance Company has vehemently argued that sufficient amount has already been awarded as compensation in the present case and that there is no further scope of any enhancement. 7. 8. I have heard the learned counsel for the parties. In the present case, no appeal has been filed by respondent No.3-Insurance Company. Since there is no challenge laid by the learned counsel for the claimant-appellants to the deduction and the multiplier as applied by the Tribunal, hence, the same are accordingly maintained. The Tribunal has assessed the income of the deceased as ₹5,000/- per month, however, the minimum wages of an unskilled worker prevailing at the time of the accident were ₹5,695/- per month and, hence, the income of the deceased is assessed as ₹5,700/- per month. Further, no addition has been made by the Tribunal towards future prospects and, hence, as per the law laid down by the Hon’ble Supreme Court in the case of Pranay Sethi (supra), 40% addition is made towards future prospects. Further, the amounts awarded under the conventional heads and under the head ‘loss of consortium’ are not 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) and hence, the claimants would be entitled to ₹18,000/- (₹15,000+20% increase) towards loss of estate and ₹18,000/- (₹15,000+20% increase) towards funeral expenses and the claimants being widow, minor son and mother of the deceased (appellants and proforma respondent No.4 herein) would also be Yogesh Sharma 2025.05.31 09:45 I attest to the accuracy and authenticity of this order/judgment. Chandigarh FAO-5683-2017 (O&M) -4- entitled to ₹48,000/- each (₹40,000+20% increase) towards loss of
Decision
consortium. In view of the above, the recalculated amount of compensation is as under : Sr. No. Heads Compensation Awarded [₹5,700 x 12] [₹68,400 – 22,800] [₹45,600 + 18,240] [₹63,840 x 18] 1 2 3 4 5 6 7 8 ₹5,700/- Monthly Income ₹68,400/- Annual Income ₹45,600/- Deduction 1/3rd Future Prospects - 40% ₹63,840/- Multiplier - 18 Loss of estate Funeral expenses Loss of consortium (i) Parental (ii) Filial (iii) Spousal's ₹11,49,120/- ₹18,000/- ₹18,000/- Total Compensation ₹48,000/- ₹48,000/- ₹48,000/- (Total ₹1,44,000/-) ₹13,29,120/- 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. However, the claimant-appellants shall not be entitled to any interest for the period of delay in filing the appeal. 10. In view of the decision by the Hon’ble Supreme Court in Parminder Singh vs. Honey Goyal & Ors. [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 and the share of the minor claimant (appellant No.2 herein) shall be kept in fixed deposit by the Bank concerned. The particulars Yogesh Sharma 2025.05.31 09:45 I attest to the accuracy and authenticity of this order/judgment. Chandigarh FAO-5683-2017 (O&M) -5- 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. 11. In view of the above discussion, the present appeal is allowed and accordingly the impugned award passed by the Tribunal stands modified to the above extent. Pending applications, if any, also stand disposed off. 29.05.2025 Yogesh Sharma ( ALKA SARIN ) JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO Yogesh Sharma 2025.05.31 09:45 I attest to the accuracy and authenticity of this order/judgment. Chandigarh