IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH XOBJC-126-CII-2019 Reserved on:- 12.12.2025 Pronounced on:-18.12.2025 Uploaded on:- 19.12.2025 New India Assurance Company Limited ......Appellant vs.

Bhupinder Kaur and others ......Respondents CORAM: HON'BLE MRS. JUSTICE SUDEEPTI SHARMA Present: Mr. R. C. Kapoor, Advocate for the appellant.

Mr. Inderjit Sharma, Advocate for cross-objector/respondent No.1.

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SUDEEPTI SHARMA J .

1. Vide this common judgment, this Court, shall dispose of the appeal filed by the appellant-Insurance Company as well as cross-objections filed by the cross-objector/claimant (mother of the deceased)

2. The present appeal has been preferred against the Award dated 01.12.2018 passed by the learned Motor Accident Claims Tribunal, SAS Nagar Mohali (for short, 'the Tribunal’) in the claim petition under Section 166 of the Motor Vehicles Act, 1988, wherein the appellant-Insurance company was held liable with the liability to pay the compensation to the claimant/Respondent to the tune of Rs.19,65,360/- along with interest @ 7.5% per annum.on the ground of quantum of compensation to be on higher side.

3. The present cross-objection has been preferred by respondent No.1/cross-objector/claimant against the award dated 01.12.2018 passed in the claim petition filed under Section 166 of the Motor Vehicles Act, 1988, by the learned Motor Accident Claims Tribunal, SAS Nagar Mohali for enhancement of compensation, granted to respondent No.1 (mother of the deceased) to the tune of Rs.19,65,360/- along with interest @ 7.5% per annum on account of death of deceased-Baljit Kaur in a motor vehicular accident, occurred on 09.12.2017.

4. As sole issue for determination in the present appeal and cross- objection is confined to quantum of compensation awarded by the learned Tribunal, a detailed narration of the facts of the case is not required to be reproduced here for the sake of brevity.

SUBMISSIONS OF LEARNED COUNSEL FOR THE PARTIES

5. The learned counsel for the appellant-Insurance Company contends that the amount assessed by the learned Tribunal is on the higher side and deserves to be reduced. Therefore, he prays that the present appeal be allowed and amount of compensation be reduced as per latest law.

6. Per contra, the learned counsel for the claimant/cross objector contends that the amount assessed by the learned Tribunal is on the lower side and deserves to be enhanced. Therefore, he prays that the present appeal be dismissed and the present cross-objection be allowed and amount of compensation be enhanced as per latest law.

7. I have heard learned counsel for the parties and perused the whole record of this case with their able assistance.

SETTLED LAW ON COMPENSATION

8. Hon’ble Supreme Court in the case of Sarla Verma Vs. Delhi Transport Corporation and Another [(2009) 6 Supreme Court Cases 121], laid down the law on assessment of compensation and the relevant paras of the same are as under:-

“30. Though in some cases the deduction to be made towards personal and living expenses is calculated on the basis of units indicated in Trilok Chandra, the general practice is to apply standardised deductions. Having a considered several subsequent decisions of this Court, we are of the view that where the deceased was married, the deduction towards personal and living expenses of the deceased, should be one-third (1/3rd) where the number of dependent family members is 2 to 3, one-fourth (1/4th) where the number of dependent family members is 4 to 6, and one-fifth (1/5th)

where the number of dependent family members exceeds six.

31. Where the deceased was a bachelor and the claimants are the parents, the deduction follows a different principle. In regard to bachelors, normally, 50% is deducted as personal and living expenses, because it is assumed that a bachelor would tend to spend more on himself. Even otherwise, there is also the possibility of his getting married in a short time, in which event the contribution to the parent(s) a