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2026 Supreme(P&H) 401

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 
SUDEEPTI SHARMA, J.
Rajvir Kaur And Others - Appellants 
Versus  
Rohtash And Another - Respondents 
FAO-5614 of 2018 (O&M) 
Decided On : 19-02-2026 

Advocates Appeared:
For the Appellant :Mr. Rohit Kumar, Advocate
For the Respondent:Mr. Rahul Pathania, Advocate

JUDGMENT :

SUDEEPTI SHARMA J.

1. The present appeal has been preferred against the award dated 02.01.2017 passed by the learned Motor Accident Claims Tribunal, Bathinda (for short, 'the Tribunal’) in the claim petition filed under Section 163-A of the Motor Vehicles Act, 1988 (in short ‘1988 Act’) for enhancement of compensation granted to the claimants to the tune of Rs.9,27,400/- along with interest @ 7.5 % per annum, on account of death of Rajvir Singh in a Motor Vehicular Accident.

2. As sole issue for determination in the present appeal is confined to quantum of compensation awarded by the learned Tribunal, a detailed narration of the facts of the case is not required to be reproduced here for the sake of brevity.

SUBMISSIONS OF LEARNED COUNSEL FOR THE PARTIES

3. Learned counsel for the appellant-claimants contends that learned Tribunal has assessed the compensation on the lower side and deserves to be enhanced, therefore, he prays that the present appeal be allowed.

4. Per contra, learned counsel for respondent No.2-Insurance Company contends that the claim petition was filed under Section 163-A of the Motor Vehicle Act, 1988, which provides for assessment of the compensation payable as per second schedule. He further contends that the second schedule does not provide for increase in the income on account of future prospectus, whereas learned Motor Accident Claims Tribunal has added 50% of the income assessed assessed towards future prospects. He further points out that the respondents-Insurance Company has already filed a separate appeal, being FAO-1858-2018, titled as “The New India Assurance Company Ltd. Vs. Rajvir Kaur and others”, challenging the quantum of compensation awarded by learned Tribunal and seeks its reduction, therefore, he prays that present appeal be dismissed and amount of compensation be reduced as per latest law.

5. I have heard learned counsel for the parties and perused the whole record of this case with their able assistance.

6. At the very outset, it is pertinent to note that FAO-1858-2018, titled as “The New India Assurance Company Ltd. Vs. Rajvir Kaur and others” filed by the respondent No.2-Insurance Company has already been allowed by this Court vide order of even date detailing therein regarding every aspect of the arguments raised in the present appeal.

7. In view thereof, the adjudication of the present appeal no longer survives.

8. In view of the above, the present appeal is dismissed. 9. Pending application (s), if any, also stand disposed of.

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