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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

FAO-7732-2016 (O&M)

Date of Decision : 29.01.2026

Gurmeet Singh and Another ... Appellants

Versus

Satnam Singh @ Satti and Others ... Respondent(s)

CORAM : HON'BLE MRS. JUSTICE ALKA SARIN

Present : Mr. Janak Singh Bhinder, Advocate for the appellants.

Mr. Rajvinder Kaur, Advocate for

Mr. Hitesh Verma, Advocate for respondent Nos.1 and 2.

Mr. Raj Kumar, Advocate for respondent No.3.

ALKA SARIN, J. (Oral)

CM-25957-CII-2016

1. For the reasons stated in the application, the same is allowed. The

delay of 138 days in filing the present appeal is condoned. However, the

claimants shall not be entitled to any interest for the period of delay in filing

the present appeal.

FAO-7732-2016 (O&M)

2. The present appeal has been preferred by the claimant-appellants

aggrieved by the quantum of compensation awarded by the Motor Accident

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

dated 17.10.2015 on account of death of Amarjit Kaur (hereinafter referred to

as the ‘deceased’).

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

JITENDER KUMAR

2026.01.30 10:21

I attest to the accuracy and

integrity of this document

Chandigarh

FAO-7732-2016 -2-

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

adverted to herein for the sake of brevity.

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

compensation :

Sr. No. Heads Compensation Awarded

1 Notional monthly income ₹3,000/-

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

3 Multiplier – 9 [₹36,000 x 9] = ₹3,24,000/-

4 Loss of consortium ₹1,00,000/-

5 Funeral expenses ₹25,000/-

Total Compensation ₹4,49,000/

Interest 7.5% per annum

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

the deceased in the present case was a homemaker and the Tribunal has

assessed her notional income as ₹3,000/- per month which is on the lower side

inasmuch as at the relevant point of time the minimum wages for an unskilled

worker were also more than the income assessed by the Tribunal. 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. Learned counsel for the claimant-appellants would contend that the

Tribunal has applied a multiplier of ‘9’ which, as per age of the deceased who

was 55 years of age, ought to have been ‘11’. It is further the contention that

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

Further, the compensation awarded by the Tribunal under the conventional

heads as well as under the head ‘loss of consortium’ is also not in consonance

with the law laid down by Hon’ble Supreme Court. In support of his

contention, learned counsel for the claimant-appellants has relied upon

judgments of the Hon’ble Supreme Court in the cases of Kirti & Anr. vs.

JITENDER KUMAR

2026.01.30 10:21

I attest to the accuracy and

integrity of this document

Chandigarh

FAO-7732-2016 -3-

Oriental Insurance Company Ltd. [2021 (1) RCR (Civil) 478], Sarla

Verma & Ors. vs. Delhi Transport Corporation & Anr. [(2009) 6 SCC

121], 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]

6. Per contra, learned counsel for respondent No.3-Insurance

Company has vehemently argued that while calculating the amount of

compensation the Tribunal has not applied any deduction towards personal

expenses of the deceased. It is further the contention that sufficient amount

has already been awarded as compensation in the present case and that there

is no scope of any enhancement.

7. Heard.

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

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