FAO-2798-2025(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-2798-2025(O&M) Date of decision:04.07.2025 The New India Assurance Company Ltd. ..Appellant Versus |Fakruddin and others ..Respondents CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL Present: Mr. Lalit Garg, Advocate for the appellant Mr. Ashish Gupta, Advocate for respondent no.1 to 6 ANIL KSHETARPAL, J. (Oral) CM-8944-CII-2025 1. For the reasons stated in the application, delay of 59 days in filing the appeal is hereby condoned. 2. CM stands allowed. Main case 3. Learned counsel representing the appellant inter alia contends that the Tribunal has not deducted the amount on account of personal expenses of the deceased while calculating the dependency. 4. Notice of motion. 5. Sh.Ashish Gupta, Advocate, enters appearance on behalf of the claimants/respondents. 6. With the consent of the learned counsel representing the parties, the main appeal is taken on Board for final disposal. REKHA SIHAG 2025.07.09 22:59 I attest to the accuracy and authenticity of this document Chandigarh FAO-2798-2025(O&M) 2 7. Learned counsel representing the Insurance Company submits that apart from failing to deduct 1/4th of the income towards the personal expenses, the Tribunal has also erred in assessing the income of the deceased at the rate of Rs.12,200/- at the time of accident, on the basis of notification issued by the Haryana Govt on 24.04.2023. He submits that this income is with respect to a skilled labourer and not an unskilled worker. 8. Per contra, the learned counsel representing the respondents submits that each of the dependents i.e husband and five children of the deceased have not been granted individual amount towards loss of consortium i.e parental and spousal consortium. 9. This Court has considered the submissions made by the learned counsel representing the parties. 10. The deceased Hansira was a home-maker, who was taking care of as many as five children, apart from her husband. Hence, the income assessed on the basis of the notification issued by the State of Haryana with respect to a skilled worker is not incorrect. Reliance in this regard can be placed upon the judgment passed in FAO-23-2014 titled as ‘Krishna & others vs Rupesh Kumar & ors’ decided on 20.03.2024, a home-maker makes significant contribution in preparing the next generation. Hence, her contribution cannot be equated with that of an unskilled worker. 11. Undisputedly, the Tribunal has erred in failing to make deduction towards personal expenses. However, it cannot be 1/4th. The deceased left behind as many as six family members including REKHA SIHAG 2025.07.09 22:59 I attest to the accuracy and authenticity of this document Chandigarh FAO-2798-2025(O&M) 3 five children. She is not expected to spend much amount on herself. Hence, deduction from h`er income on account of personal expenses shall be 1/5th. 12. Each of the children apart from husband is also held entitled to loss of consortium at the rate of Rs.48,400/- each, as the accident took place on 12.06.2023. Consequently, the total compensation payable to the claimants is re-calculated as under:- Head Amount awarded by Tribunal Amount awarded by this Court Income 12,200/- 12,200/- Future prospects 40% i.e Rs.17080 40% i.e Rs.17080 Dependency Nil 1/5th 17080/5 = 3416 17080-3416 = 13664/- Annual income 17080x 12 = 204960 13664x12= 163968 Multiplier 16 204960x 16 =32,79,360/- 16 163968x16= 26,23,488/- Funeral expenses 18,150/- 18150/- Loss of estate 18,150/- 18,150/- Loss of consortium 48,400/- 48,400/- for each claimant 48400x6 = 2,88,000/- Total amount 33,64,060/- 29,47,788/- Excess amount 3364060-2947788 = 4,16,572/- 13. Disposed of accordingly. 14. All the pending miscellaneous applications, if any, are also disposed of. (ANIL KSHETARPAL) 04.07.2025 JUDGE rekha Whether speaking/reasoned Yes/No Whether reportable Yes/No REKHA SIHAG 2025.07.09 22:59 I attest to the accuracy and authenticity of this document Chandigarh