FAO-1093-2019 (O&M)

1

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

FAO-1093-2019 (O&M)

Reserved on: 16.12.2022

DATE OF PRONOUNCEMENT: 21.12.2022

Gurmej Singh and ors.

……….…Appellants

Versus

Gurnaib Singh and others

.……..…Respondents

CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present:- Mr. Vijay Lath, Advocate with

Mr. Naveen Sharma, Advocate for the appellants.

Mr. Vinod Gupta, Advocate for

respondent No.3- Insurance Company

****

HARKESH MANUJA, J.

The present appeal lays challenge to an award dated

04.07.2018 passed by the learned Motor Accident Claims Tribunal,

Rupanagar (in brevity, ‘the Tribunal’), whereby compensation of

Rs.5,38,000/- has been awarded to the appellants/ claimants along with

interest @ 6% per annum.

On account of death of Naresh Kumari in a road accident on

12.11.2017, a claim petition was filed before the learned Tribunal;

wherein it was held that accident took place due to rash and negligent

driving of respondent No. 1/ driver. Learned Tribunal, on account of her

multifarious services towards the family, assessed notional income of

the deceased @ Rs. 3,000/- per month and awarded compensation in

the following manner-:

SANJAY GUPTA

2022.12.22 11:08

I attest to the accuracy and

authenticity of this document

FAO-1093-2019 (O&M)

2

S.No Heads of Claim

Amount (in Rs)

1.

Loss of dependency

Rs.4,68,000/-

3.

Funeral expenses

Rs.15,000/-

4.

Loss of Estate

Rs.15,000/-

3.

Loss of consortium

Rs.40,000/-

Total

Rs. 5,38,000/-

Being aggrieved against the award dated 04.07.2018, the

present appeal has been preferred by the appellants/ claimants, praying

for enhancement of compensation on account of loss of dependency as

well as consortium.

Learned counsel for the appellants contends that in the present

case notional income against services rendered by a house wife should

have been assessed at least equal to the minimum wages of a skilled

labourer at the relevant time. In support of his contention, he places

reliance upon the judgments of Hon’ble the Supreme Court in “Lata

Wadhwa and others vs. State of Bihar and others” reported as

(2001)8 SCC 197, “New India Assurance Company Ltd. vs Nazar

Singh and others” reported as 2019(4) R.C.R. (Civil) 939, “Sher

Singh and others vs Buta Singh and others” reported as 2019 (5)

R.C.R. (Civil) 897 and “Reliance General Insurance Company Ltd.

vs Puran Singh and others” reported as 2021 ACJ 1078. He further

contends that while awarding compensation, future prospects have not

been granted; whereas in view of “National Insurance Company Vs.

Pranay Sethi and others”, reported as 2017(4) RCR (Civil) 2009,

future prospects @ 25% should have been awarded. With respect to

SANJAY GUPTA

2022.12.22 11:08

I attest to the accuracy and

authenticity of this document

FAO-1093-2019 (O&M)

3

conventional heads, he contends that no compensation has been

awarded on account of parental consortium.

On the other hand, learned counsel for respondent No. 3/

Insurance Company contends that notional income of the deceased

housewife has been appropriately considered by the learned Tribunal

so as to assess the just and fair compensation. He further contends that

if no deduction has been made on account of personal expenses, future

prospects are not liable to be awarded and if future prospects are

awarded, then deduction on account of personal expenses shall also be

made.

I have heard learned counsel for appellants and gone through

the paper book. Similar argument as raised by the learned counsel for

both parties have already been discussed by this Court in FAO 548 of

2019 in case titled as "Mahesh Kumar and ors. vs Satyaveer Singh

and others", and therefore, for the sake of brevity, they are not being

repeated here except pointing out that income should have been

assessed as per minimum wages of skilled labourer an