Compensation in vehicular accident claims must be just, not excessive or minimal, aligned with established legal standards.

JUDGMENT :

Nidhi Gupta, J.

CM-18097-CII-2023

This is an application under Section 151 CPC for condonation of delay of 163 days in refiling the appeal.

Heard.

In view of averments mentioned in the application, which is duly supported by an affidavit of the applicant/appellant No.1, the same is allowed and delay of 163 days in refiling the present appeal is condoned.

FAO-5293-2023 (O&M)

1. Present appeal has been filed by the claimants seeking enhancement of compensation of Rs.74,93,842/- awarded by the learned Motor Accident Claims Tribunal, Chandigarh (hereinafter referred to as 'the learned Tribunal') passed in MACP No. 317 dated 31.05.2017 filed under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act'). The 5 claimants are the widow, the two sons aged 22 and 19 years; and parents of deceased Gurbaj Singh, who was stated to have been about 45 and a half years old at the time of accident.

2. Brief facts of the case are that the learned Tribunal on the basis of pleadings and evidence adduced before it concluded that the deceased-Gurbaj Singh had died due to the injuries suffered by him in a motor vehicular accident that took place on 24.01.2017 due to the rash and negligent driving of truck bearing registration No.PB-11-CB-2765 (hereinafter referred to as 'the offending vehicle') being driven by respondent No.1; owned by respondent No.2 and insured by respondent No.3. All the respondents were held jointly and severally liable to make the payment of compensation.

3. Learned counsel for the appellants seeks enhancement of compensation on the ground that the income of the deceased has been taken on the lower side as only Rs.44,205/- p.m.; whereas the deceased was earning Rs.46,048/- p.m. It is submitted that the deceased was Head Constable in Punjab Police and was drawing gross salary of Rs.46,816/-p.m. As such, the annual salary of the deceased was Rs.5,61,792/-. However, the learned Tribunal has taken the income of the deceased as Rs.44,205/-p.m. and accordingly, the annual salary of the deceased was wrongly taken as Rs. 5,30,465/-. It is also submitted that nothing has been granted by way of medical reimbursement to the appellants. The appellants had spent a huge amount on his medical expenses and the same ought to have been reimbursed to the appellants. It is submitted that addition of 30% future prospects is on the lower side as the deceased was getting promotions and increments from time to time. It is accordingly prayed that the present appeal be allowed; the impugned Award be modified and compensation be enhanced.

4. No other argument is raised on behalf of the appellants.

5. I have heard learned counsel for the appellants and perused the case file in great detail.

6. I find no merit whatsoever in the submissions made on behalf of the appellants. It is not disputed that at the time of accident, the deceased was working as Head Constable in Punjab Police. It was pleaded by the appellants in the claim petition that the deceased was drawing monthly salary of Rs. 50,000/- per month; whereas, before this Court, it has been argued that the deceased was getting salary of Rs.46,816/-p.m. PW-4 Head Constable Narinder Singh from SSP Office, Patiala had proved the salary statement of the deceased from June 2016 to January 2017 as Ex.PW-4/1; as per which the gross salary of the deceased as Rs.46,816/-p.m. for the month of January 2017. The salary statement of the deceased was also proved by the evidence of PW-6 LR Narinder Singh ASI from Accounts Branch. However, while proving the salary statements/tax deduction record of the deceased for the years 2014-15, 2015-16, and 2016-17 as Ex.PW5/1 to Ex.PW5/3, PW-6 LR Narinder Singh ASI from Accounts Branch had also deposed that for the financial y