Karam Chand vs Avtar Singh - 2018 Supreme(P&H) 4847

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2018 Supreme(P&H) 4847

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKAS BAHL
Karam Chand – Appellant
Versus
Avtar Singh – Respondent

Advocates Appeared:
For the Appellant :Mr.Naveen Gupta, Advocate
For the Respondent:Mr.Vinod Chaudhari, Advocate

JUDGMENT :

VIKAS BAHL, J.

1. The husband and three minor children of the deceased Charno Devi, who had died in a motor vehicular accident, which had taken place on 19.10.2016, have filed the present appeal for enhancement of compensation.

2. The Motor Accident Claims Tribunal vide award dated 28.10.2017 had awarded an amount of Rs.4,05,500/- as compensation along with interest.

3. Learned counsel for the appellants has submitted that in the present case, the present appellants-claimants had filed a claim petition under Section 163-A of the Motor Vehicles Act, 1988 (hereinafter to be referred as “the 1988 Act”) and under issue no.1 which was re-settled / re- framed on 28.10.2017, it was held by the Tribunal that the accident had occurred due to the use of offending vehicle and the said issue was decided in favour of the present appellants. It is further submitted that in view of settled law, an amount of Rs.5,00,000/- was required to be awarded to the appellants whereas the compensation which has been awarded is on the lesser side. It is further submitted that the provisions of Section 163A of the 1988 Act have now been replaced with Section 164 of the 1988 Act and thus, the claimants a