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2025 DAILYLAW 77533 (PNJ)

MANJHALI KUMARI AND ORS v. RAJ KUMAR AND ANR

FAO/6819/2019 · 2025-09-22

Pankaj Jain

body2025

Judgment text

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FAO-6819-2019 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 133 FAO-6819-2019 Date of decision : 22.09.2025 Manjhali Kumari and others ...... Appellants versus Raj Kumar and another ...... Respondents CORAM : HON'BLE MR. JUSTICE PANKAJ JAIN Present: Mr. Wazir Singh, Advocate for the appellants. Mr. Kanhiya Soni, Advocate for respondent No.1. Mr. Bhupinder Singh Walia, Advocate for respondent No.2. **** PANKAJ JAIN, J. (Oral) 1. Claimants are in appeal seeking enhancement of compensation. The claim relates to death of Govind, who lost his life at the age of 22 years in a motor vehicular accident dated 06.08.2017. 2. Counsel for the appellants claims that the Tribunal erred in assessing the income of the deceased Govind as Rs.6,290/- relying upon provisions of Payment of Wages Act, 1936. He submits that the minimum wages notified by State of Haryana on the date of accident is Rs.9586/-. 3. Counsel for the respondent-insurance company is not in a position to dispute that on 06.08.2017, i.e. the date of accident, the minimum wages notified for a skilled workman is Rs.9586/-. DINESH KUMAR 2025.09.30 18:17 I attest to the accuracy and integrity of this document FAO-6819-2019 4. In view of above, the compensation needs to be re- assessed. The income of the deceased is taken to be Rs.9586/- per month in terms of notification dated 02.03.2017 issued by State of Haryana on 02.03.2017. 40% future prospects need to be added in view of ratio of law laid down in ‘National Insurance Company Limited vs. Pranay Sethi and others’, (2017) 16 SCC 680. As per ‘Smt. Sarla Verma & others vs. Delhi Transport Corporation & another’ (2009) 6 SCC 121, deduction 1/3rd needs to be applied. Multiplier of 18 has been rightly applied by the Tribunal. Each of the claimants is entitled for Rs.48,000/- for loss of consortium. Rs.18,000/- is awarded on account of loss of estate. Rs.18,000/- is awarded under the head of funeral expenses. 5. Claimants shall also be entitled for an interest @ 7.5% per annum from the date of filing of petition till the date of actual realization. 6. With the aforesaid modification in the impugned award, the present appeal is disposed off. (PANKAJ JAIN) JUDGE 22.09.2025 Dinesh Whether speaking/reasoned : Yes Whether Reportable : No DINESH KUMAR 2025.09.30 18:17 I attest to the accuracy and integrity of this document