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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

FAO-5535-2018 (O&M)

Date of Decision : 22.12.2025

Sukhwinder Singh and Others ... Appellants

Versus

Manjit Singh @ Manna and Others ... Respondents

CORAM : HON'BLE MRS. JUSTICE ALKA SARIN

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

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-appellants

aggrieved by the quantum of compensation awarded by the Motor Accident

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

award dated 01.09.2017 on account of death of Sharanjit Kaur (hereinafter

referred to as the ‘deceased’).

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

recorded in the impugned award passed by the Tribunal, are not being

adverted to herein for the sake of brevity.

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

compensation :

Sr. No. Heads Compensation Awarded

1 Monthly income ₹3,000/-

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

JITENDER KUMAR

2025.12.23 10:12

I attest to the accuracy and

authenticity of this document

Chandigarh

FAO-5535-2018 -2-

3 Multiplier – 14 [₹36,000 x 14] = ₹5,04,000/-

4 Loss of love and affection ₹15,000/-

5 Funeral expenses ₹25,000/-

6 Loss of consortium ₹1,00,000/-

Total Compensation ₹6,44,000/

Interest 9% per annum

4. Learned counsel for the claimant-appellants would contend that

though he does not challenge the multiplier as applied by the Tribunal,

however, he has contended that the deceased in the present case was a

homemaker and the Tribunal has assessed her income as ₹3,000/- per month

which is on the lower side. It is further contended that the income of the

deceased ought to have been assessed as per the minimum wages applicable

to a skilled worker at the relevant point of time, which were ₹8,612/- per

month. Learned counsel for the claimant-appellants would contend that the

Tribunal has also not made any addition towards loss of future prospects. In

support of his contention, learned counsel for the claimant-appellants has

relied upon a judgment of the Hon’ble Supreme Court in case of Kirti & Anr.

vs. Oriental Insurance Company Ltd. [2021 (1) RCR (Civil) 478]. It is

further the contention of learned counsel for the claimant-appellants that the

compensation awarded under the conventional heads as well as under the head

‘loss of consortium’ is not in accordance with 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]

JITENDER KUMAR

2025.12.23 10:12

I attest to the accuracy and

authenticity of this document

Chandigarh

FAO-5535-2018 -3-

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 1/4^th keeping in

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

amount of compensation has already been granted and there is no scope of

any further enhancement. In support of hercontention,she has relied upon the

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

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

6. Heard.

7. Admittedly, no appeal has been filed by the Insurance Company.

Since there is no challenge to the multiplier as applied by the Tribunal, the

same is maintained. The argument of the learned counsel for the claimant-

appellants that the income of the deceased, who was a homemaker, ought to

have been assessed as per the minimum wages applicable to a skilled worker

at the relevant point of time, deserves to be accepted. In case of Kirti (supra),

Hon’ble Supreme Court while emphasizing upon the contribution mad