1 FAO-2978-2017(O&M) 231 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-2978-2017(O&M) Date of decision:08.04.2025 Shallu and others ..Appellants Versus Sanjay Kumar Yadav and others ..Respondents CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL Present: Mr. Wazir Singh, Advocate for the appellants Mr. Punit Jain, Advocate for the respondents ANIL KSHETARPAL, J. (Oral) 1. Through this appeal the claimants pray for modification in the award passed by the Motor Accidents Claim Tribunal (hereinafter referred to as ‘Tribunal’). Smt. Vijay Rani lost her precious life in a motor vehicular accident on 04.12.2015. She was 42 years old at the time of accident. She left behind one major and two minor children. Though it was claimed that she was employed on behalf of Contractor in Span Autos, however, it has been found that her attendance was marked only for one day i.e 04.12.2015, the date of accident. Hence, the Tribunal proceeded to assess her income at the rate of Rs.4,000/- per month. 2. Heard the learned counsel representing the parties at length and with their able assistance perused the paperbook. 3. Learned counsel representing the appellants submits that even if the deceased is not proved to be gainfully employed but still she is required Rekha Sihag 2025.04.25 12:56 I attest to the accuracy and integrity of this document Chandigarh 2 FAO-2978-2017(O&M) to be treated as skilled worked who was managing her house. A home-maker is required to be treated as a skilled worker. He further submits that minimum wages of the skilled worker on the date of accident were Rs.9238/-. He further claims that the appellants should be granted increase on account of future prospects, loss of estate, funeral expenses and loss of consortium. 4. Per contra, the learned counsel representing the respondents submits that the claimants have themselves claimed that the deceased was working on a salary of Rs.7600/-. Hence, her income cannot be taken more than Rs.7600/- per month. 5. This Court has considered the submissions made by the learned counsel representing the parties. 6. Even if it is assumed that the deceased was working on salary of Rs.7600/- but after office work, she was expected to manage the house. A mother of three children will have to manage the house. Hence, her total income cannot be treated less than that of a skilled worker. On account of personal expenses, there will be a deduction of 1/3rd. Increase in income on account of future prospects will be 25%. Keeping in view the age of the deceased, multiplier of 14 shall be applicable. For loss of estate and funeral expenses, the appellants shall be entitled to an amount of Rs.15,000/- each. For loss of consortium, the claimants will be entitled to Rs.40,000/- each. The compensation is re-assessed as under:- Heads Amount awarded by Tribunal Amount awarded by High Court Monthly income 4000 9238 Future prospects - 25% 25% of 9238 = 2310 Rekha Sihag 2025.04.25 12:56 I attest to the accuracy and integrity of this document Chandigarh 3 FAO-2978-2017(O&M) 9238+2310= 11,548/- per month Dependency 1/3rd 1/3rd 11548/3 = 7698.67 Multiplier 14 14 Annual income 7698.67 x 12 x 14 = 12,93,376/- Consortium Nil 40,000x3 = 1,20,000/- Loss of estate Nil 15,000 Funeral expenses Nil 15,000 Expenses for transportation of body 10,000 Nil Total compensation 6,82,000/- 14,43,376/- 7. The claimants shall be entitled to the enhanced compensation alongwith interest at the rate of 9% per annum from the date of filing of the claim petition till its payment. 8. The recovery rights given to the Insurance Company are maintained. 9. The appeal stands disposed of. 10. All the pending miscellaneous applications, if any, are also disposed of. (ANIL KSHETARPAL) 08.04.2025 JUDGE rekha Whether speaking/reasoned Yes/No Whether reportable Yes/No Rekha Sihag 2025.04.25 12:56 I attest to the accuracy and integrity of this document Chandigarh