##PAGE1##

239

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

FAO-3450-2018 (O&M)

Date of Decision : 22.12.2025

Amar Singh ... Appellant(s)

Versus

Manjit Singh @ Manna & Ors ... Respondent(s)

CORAM : HON'BLE MRS. JUSTICE ALKA SARIN

Present : Mr. C.L. Verma, Advocate for the appellant.

Ms. Veena Ashwani Talwar, Advocate and

Mr. Deepak Goyat, Advocate for respondent No.4.

ALKA SARIN, J. (Oral)

1. The present appeal has been preferred by the claimant-appellant

aggrieved by the quantum of compensation awarded by the Motor Accident

Claims Tribunal, Amritsar (hereinafter referred to as ‘Tribunal’) vide the

impugned award dated 01.09.2017 in a motor vehicle accident which occurred

on 30.12.2015.

2. Since the factum of the accident is not in dispute, the facts are

not being adverted to for the sake of brevity.

3. The Tribunal in the present case had awarded the following

compensation :

Sr. No. Heads Compensation Awarded

1 Monthly notional Income ₹3,000/-

2 Annual Income ₹36,000/- [₹3,000 x 12]

3 Multiplier - 7 ₹2,52,000/- [₹36,000 x 7]

4 Funeral expenses ₹25,000/-

YOGESH SHARMA

2025.12.23 10:13

I attest to the accuracy and

integrity of this document

Chandigarh

FAO-3450-2018 (O&M) 2

5 Loss of consortium ₹1,00,000/-

6 Total Compensation ₹3,77,000/

Interest 9%

4. Learned counsel for the claimant-appellant states that he does not

challenge the multiplier as applied by the Tribunal as well as the compensation

awarded towards loss of consortium and funeral expenses. He, however, states

that the deceased in the present case was a homemaker and that her income

has been assessed on the lower side. Learned counsel for the claimant-

appellant would further contend that the income of the deceased ought to have

been assessed as ₹8,612/- per month which was the minimum wage for a

skilled worker at the time of the accident. It is further the contention of the

learned counsel that no amount has been awarded towards loss of estate. In

support of his contentions, learned counsel for the claimant-appellant 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 Insurance Company Limited vs. Nanu Ram

alias Chuhru Ram & Ors. [(2018) 18 SCC 130]; N. Jayasree & Ors. vs.

Cholamandalam M.S General Insurance Company Ltd. [2021(4) RCR

(Civil) 642] and Kirti & Anr. vs. Oriental Insurance Company Ltd.

[2021(1) RCR (Civil) 478]

5. Per contra, learned counsel for respondent No.4-Insurance

Company has vehemently contended that the Tribunal has wrongly omitted to

apply deduction which in the present case ought to have been 1/3^rd keeping in

view the number of claimants. It has further been contended that sufficient

amount ofcompensation has already been granted and there is no scope of any

further enhancement. In support of her contention, she has relied upon the

YOGESH SHARMA

2025.12.23 10:13

I attest to the accuracy and

integrity of this document

Chandigarh

FAO-3450-2018 (O&M) 3

judgment of the Hon’ble Supreme Court in the case of Sarla Verma & Ors.

vs. Delhi Transport Corporation & Anr. [(2009) 6 SCC 121]

6. I have heard learned counsel for the parties.

7. In the present case the Tribunal has assessed the income of the

deceased, who was admittedly a homemaker, as ₹3,000/- per month. A

homemaker does much more than a single person can do. Infact, a homemaker

performs multiple functions in the house i.e. cooking for the family, cleaning

the house, washing clothes and utensils, the list is endless. A homemaker is

also a caretaker of her children as well as all the members of the house. The

Hon’ble Supreme Court in the case of Kirti (supra) has held as under :

“ 42. Therefore, on the basis of the above, certain general

observations can be made regarding the issue of

calculation of notional income for homemakers and the

grant of future prospects with respect to them, for the

purposes of grant of compensation which can be

summarized as follows:

a. Grant of compensation, on a pecuniary basis,

with respect to a homema