##PAGE1##

254

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

FAO-2136-2021 (O&M)

Date of Decision : 04.02.2026

Sunita Devi and Others

... Appellants

Versus

Bahadur Singh and Another

... Respondents

CORAM : HON'BLE MRS. JUSTICE ALKA SARIN

Present : Mr. Ankit Saini, Advocate for

Mr. R.K. Saini, Advocate for the appellants.

Mr. Sanjeev Kodan, Advocate for respondent No.2.

ALKA SARIN, J. (Oral)

1. Present appeal has been preferred by the claimant-appellants

aggrieved by the quantum of compensation awarded by the Motor Accident

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

impugned award dated 04.03.2020 on account of death of Chiman Ram @

Chiman Lal in a motor vehicle accident which occurred on 15.09.2018.

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 Income ₹8,500/-

2 Annual Income ₹1,02,000/- [₹8,500 x 12]

3 Deduction - 1/4th ₹76,500/- [₹1,02,000 - ₹25,500]

4 Future Prospects - 25% ₹95,625/- [₹76,500 + ₹19,125]

5 Multiplier - 15 ₹14,34,375/- [₹95,625 x 15]

JITENDER KUMAR

2026.02.05 09:56

I attest to the accuracy and

integrity of this document

Chandigarh

FAO-2136-2021 -2-

6 Loss of estate ₹15,000/-

7 Funeral expenses ₹15,000/-

8 Loss of consortium ₹40,000/-

Total Compensation ₹15,04,375/

Interest 7.5% per annum

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

that he does not challenge the income, deduction and the multiplier as applied

by the Tribunal. He, however, states that the Tribunal has made an addition of

25% towards loss of future prospects which ought to have been 40% keeping

in view the age of the deceased, who was 40 years of age at the time of the

accident. It is further the contention 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 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]

5. Per contra, learned counsel for respondent No.2-Insurance

Company has vehemently argued that sufficient amount has already been

awarded as compensation in the present case and that there is no scope of any

enhancement.

6. Heard.

7. Admittedly, no appeal has been preferred by the Insurance

Company. In the present case, since no challenge has been laid by the learned

counsel for the claimant-appellants to the income, deduction and the

multiplier as applied by the Tribunal, the same are maintained accordingly.

JITENDER KUMAR

2026.02.05 09:56

I attest to the accuracy and

integrity of this document

Chandigarh

FAO-2136-2021 -3-

The argument of learned counsel for the claimant-appellants that the Tribunal

has wrongly made an addition of 25% towards loss of future prospects,

deserves to be accepted. The deceased in the present case was 40 years of age

and as per law laid down by Hon’ble Supreme Court in case of Pranay Sethi

(supra), an addition of 40% would be applicable towards loss of future

prospects.

8. Further, the compensation awarded under the conventional heads

and under the head ‘loss of consortium’ is 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)

hence, the claimant-appellants would be entitled to ₹18,000/- (₹15,000+20%

increase) towards loss of estate and ₹18,000/- (₹15,000+20% increase)

towards funeral expenses as also to ₹48,000/- each (₹40,000+20% increase)

towards loss of consortium. Accordingly, the reworked compensation is as

under :

Sr.No. Heads Compensation Awarded

1 Monthly Income ₹8,500/-

2 Annual Income ₹1,02,000/- [₹8,500 x 12]

3 Deduction - 1/4th ₹76,500/- [₹