BALDEV SINGH v. PEPSU ROAD TRANSPORT CORPORATION LTD ETC
FAO/1633/2017 · 2026-02-04
Pankaj Jain
body2017
DailyLaw.ai
[ 2017 DAILYLAW 3003 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2017 DAILYLAW 3003 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
FAO-1633-2017 (O&M)
244
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
FAO--1633-2017 (O&M)
Decided on : 04.02.2026
Baldev Singh
….Appellant
Versus
Pepsu Road Transport Corporation Ltd. & ors. ….Respondents
CORAM: HON’BLE MR. JUSTICE PANKAJ JAIN
*****
Present :- Mr. Dheeraj Singla, Advocate and Ms. Liza Bansal, Advocate for the appellant. Mr. Anupam Singla, Advocate for respondents No.1 & 2. *****
PANKAJ JAIN, J. (ORAL)
Claimant is in appeal seeking enhancement of compensation awarded by Motor Accidents Claims Tribunal, Faridkot on account of death of Manmohan Kaur, who died at the age of 64 years in a motor vehicular accident dated 06.10.2015. Tribunal assessed deceased as a homemaker and notionally assessed her monthly income as Rs.5,200/- per month. 2
Counsel for the claimant relies upon Harbans Lal & another Vs. Dilbagh Singh & anr. 2024 NCPHHC 96514, to submit that in similar circumstances, Coordinate Bench assessed the monthly income of 54 year old homemaker @ Rs.9,000/- per month. No amount has been awarded for loss of estate. Consolidated amount of Rs.50,000/- has been awarded for loss of consortium which needs to be enhanced in terms of ratio of law laid down by Supreme Court in the case of POOJA SHARMA 2026.02.19 17:40 I attest to the accuracy and integrity of this document
FAO-1633-2017 (O&M)
Per contra Mr. Anupam Singla, Advocate, would urge that the deceased was an old lady aged 64 years. The Tribunal has thus rightly assessed her income as Rs.5,200/- per month and granted compensation accordingly. 4
5
This Court in the case of United India Insurance Co. Ltd vs. Sube Singh and others, passed in FAO No. 218 of 2014 decided on 15.01.2014 while dealing with the issue of income of homemaker for the purpose of compensation under MACT held as under:-
“xxx xxx while dismissing the appeal filed by the Insurance Company against the award of the Tribunal wherein the Tribunal took the income of a house wife at Rs.9000/- per month, held that to tag a house wife as skilled labour alone does not do complete justice to her multifarious role as home manager. House wife is something more than mere skilled worker and it would not be unreasonable to estimate contribution of deceased at higher figure. The SLP filed against the said judgment has also been dismissed. 12.
Thus, income of the deceased, who was a homemaker has to be assessed at Rs.10,000/- per month.”
6
The impugned award thus is ordered to be modified to the following effect :- Income - Rs.10,000/- Deduction - Nil (notional income) Future prospects - Nil (notional income) Multiplier - 7 (as per Sarla Verma and others v. Delhi Transport Corporation and another, 2009 ACJ 1298) Loss of consortium - Rs.48,400/- each claimant. Loss of estate - Rs.18,000/- Funeral expenses - Rs.18,000/- POOJA SHARMA 2026.02.19 17:40 I attest to the accuracy and integrity of this document
FAO-1633-2017 (O&M)
7
The claimant is held entitled to interest @ 7% per annum from the date of filing of the claim petition till the date of actual realization. Anything already paid to the claimants needs to be set off. 8
With the aforesaid modification in the impugned award, the appeal is ordered to be disposed off. 9
Pending miscellaneous application, if any, also stands disposed off. ( PANKAJ JAIN ) 04.02.2026
JUDGE Pooja Sharma-I
Whether speaking/reasoned:
Yes/No
Whether reportable:
Yes/No
POOJA SHARMA 2026.02.19 17:40 I attest to the accuracy and integrity of this document