Maninder Kaur & Others Vs Parveen Sharma… — Motor Accident Claims | Punjab & Haryana HC (2026)

Maninder Kaur & Others Vs Parveen Sharma… — Motor Accident Claims | Punjab & Haryana HC (2026)

What the court decided

AI extract

Outcome

Appeal disposed of with modification/substitution in the impugned award: income of the deceased fixed at Rs.20,000/- per month with 40% future prospects added; Rs.40,000/- awarded to each of the four claimants for loss of consortium; Rs.15,000/- for funeral expenses and Rs.15,000/- for loss of estate; 1/4th deduction and multiplier of 17 as applied by the Tribunal upheld; interest and apportionment amongst claimants to abide by the Tribunal's observations in the Award; pending applications disposed of.

Issue for consideration

Whether the delay of 99 days in filing FAO-20-2018 (O&M) ought to be condoned under Section 5 of the Limitation Act. +1 more

Court's answer

The application CM-22-CII-2018 under Section 5 of the Limitation Act is allowed and the delay of 99 days in filing the appeal is condoned, the applicants having made out sufficient cause.

Ratio / Principle

The Tribunal erred in assessing the income of the deceased Jagsir Singh merely as a farm labourer, since the Jamabandi (Ex.C3) showed part of the family's landholding in the deceased's name.

Key takeaways

The income of the deceased Jagsir Singh is taken to be Rs.20,000/- per month (substituting the Tribunal's assessment of Rs.11,000/- per month).ratio¶26
40% future prospects are to be added to the income of the deceased, in view of the ratio laid down by the Supreme Court in National Insurance Company Limited vs. Pranay Sethi, (2017) 16 SCC 680.ratio¶26
The 1/4th deduction and the multiplier of 17 applied by the Tribunal have been rightly applied and are upheld.ratio

Detailed headnote1 paragraphs

Enhancement of motor-accident death compensation — FAO-20-2018 (O&M), High Court of Punjab and Haryana at Chandigarh, decided 16.01.2026 by Pankaj Jain, J. (oral). Claimants appealed against the award of MACT, Sangrur in a claim petition under Section 166 of the Motor Vehicles Act, 1988 arising from the death of Jagsir Singh in a motor-vehicular accident on 12.12.2015. The Court held that the Tribunal erred in assessing the deceased's income merely as a farm labourer @ Rs.11,000/- per month, since the Jamabandi for 2014-2015 (Ex.C3) showed that the family possessed 150 bighas of land with 50 bighas in the deceased's name; the income was refixed at Rs.20,000/- per month and 40% future prospects added following National Insurance Company Limited vs. Pranay Sethi, (2017) 16 SCC 680. The 1/4th deduction and multiplier of 17 applied by the Tribunal were upheld. Each of the four claimants was awarded Rs.40,000/- for loss of consortium per Magma General Insurance Company Limited vs. Nanu Ram alias Chuhru Ram and others, Civil Appeal No.9581 of 2018 (decided 18.09.2018), besides Rs.15,000/- towards funeral expenses and Rs.15,000/- towards loss of estate. Interest and apportionment were left to abide by the Tribunal's observations. The 99 days' delay in filing the appeal was condoned under Section 5 of the Limitation Act, and the appeal was disposed of with modification/substitution in the impugned award.

1

FAO-20-2018 (O&M)

207 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

FAO-20-2018 (O&M)

Date of decision : 16.01.2026

MANINDER KAUR AND ORS. ....Appellants

Versus

PARVEEN SHARMA AND ORS. ...Respondents

CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN

Present: Mr. Gourav, Advocate for Mr. Rajbir Singh, Advocate for the appellants.

Mr. Punit Jain, Advocate for respondent No.2-Insurance Company.

PANKAJ JAIN, J. (ORAL)

CM-22-CII-2018 in FAO-20-2018

This is an application filed under Section 5 of Limitation Act

seeking condonation of delay of 99 days in filing the instant appeal.

For the reasons recorded in the application, this Court is satisfied that the applicants/appellants have made out a sufficient cause for condonation of delay.

Consequently, the present application is allowed. The delay of 99 days in filing the instant appeal is hereby condoned.

FAO-20-2018 (O&M)

Claimants are in appeal seeking enhancement of compensation

awarded by MACT, Sangrur.

ASHISH 2026.01.28 14:02 I attest to the accuracy and integrity of this judgment/order

2

FAO-20-2018 (O&M)

The claim petition filed under Section 166 of the Motor Vehicles Act, 1988 relates to death of Jagsir Singh in a motor-vehicular accident on 12.12.2015. As per the claimants, the family was under possession of 150 bighas of land out of which 50 bighas was in the name of deceased Jagsir Singh, yet the Tribunal has assessed his income as a farm labourer @ Rs.11,000/- per month.

Counsels are ad idem that Jamabandi for the year 2014-2015 qua land holding owned by family of deceased Jagsir Singh is on record as Ex.C3. As per the same, part of the land is in the name of deceased Jagsir Singh.

In view thereof, this Court finds that the Tribunal erred in assessing the income of deceased Jagsir Singh merely as a farm labourer. Accordingly, the income of the deceased Jagsir Singh is taken to be Rs.20,000/- per month. In view of ratio of law laid down by the Supreme Court in National Insurance Company Limited vs. Pranay Sethi and others’, (2017) 16 SCC 680 , 40% future prospects need to be added. 1/4th deduction and multiplier of 17 has been rightly applied by the Tribunal. There are four claimants, each of them is also entitled for Rs.40,000/- on account of loss of consortium in view of ratio of law laid down in Magma

General Insurance Company Limited vs. Nanu Ram alias Chuhru Ram

and others’ – Civil Appeal No.9581 of 2018, decided on 18.09.2018 . For funeral expenses, the claimants are held entitled to Rs.15,000/- and Rs.15,000/- are awarded for loss of estate.

ASHISH 2026.01.28 14:02 I attest to the accuracy and integrity of this judgment/order

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FAO-20-2018 (O&M)

With the aforesaid modification/substitution in the impugned award, the present appeal is disposed off.

Needless to say, the interest as well as apportionment amongst

the claimants shall abide by the observations made by Tribunal in the Award.

Pending application, if any, shall also stands disposed off.

January	16, 2026	(Pankaj Jain)
ashish		Judge
	Whether speaking/reasoned	: Yes/No
	Whether reportable	: Yes/No

ASHISH 2026.01.28 14:02 I attest to the accuracy and integrity of this judgment/order