2024:PHHC:009085

R-473

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

FAO-4203-2009 (O&M)

Date of decision : 23.01.2024

RAJNI SAINI & ORS.

... Appellant(s)

Versus

JANAK RAJ & ORS.

... Respondent(s)

CORAM : HON'BLE MRS. JUSTICE ALKA SARIN

Present :

Mr. Arvinder Arora, Advocate for the appellants.

Mr. Ankur Gupta, Advocate

for respondent No.3-Insurance Company.

ALKA SARIN, J. (ORAL)

1.

The present appeal has been preferred by the claimant-

appellants challenging the award dated 27.05.2009 passed by the Motor

Accident Claims Tribunal, Ambala whereby an amount of Rs.3,00,000/- had

been awarded as compensation along with interest @ 7% per annum from

the date of filing of the petition till realization.

2.

It has been brought to the notice of this Court that the claim

petition was filed under Section 163-A of the Motor Vehicles Act, 1988 and

hence there would be no question of future prospects.

3.

Learned counsel for the claimant-appellants has contended that

the amount of Rs.3,00,000/- awarded as compensation by the Tribunal is on

the lower side. Learned counsel has relied upon the judgment of the Hon’ble

Yogesh Sharma

2024.01.24 10:22

I attest to the accuracy and

integrity of this order/judgment.

High Court Chandigarh

2024:PHHC:009085

FAO-4203-2009 (O&M)

-2-

Supreme Court in the case of Ram Murti & Ors. Vs. Punjab State

Electricity Board [2023 ACJ 631] wherein it has been held as under :

“7. The provisions of Section 140 which formed a part

of Chapter 10 of the Motor Vehicles Act 1988 were

omitted by Act 32 of 2019. Simultaneously, Chapter 11

was substituted of which Section 164 provides for

payment of compensation in the case of death in the

amount of Rs.5,00,000/- and in the case of grievous hurt

of Rs.2,50,000/-.

8.

We are inclined to give the appellants the benefit

of the beneficial provisions which have been enacted by

Parliament. Hence, in modification of the order of the

High Court, we direct that the appellants shall be entitled

to an amount of Rs.5,00,000/- as compensation.

However, if the amount of Rs.50,000 which has been

awarded by the High Court has already been paid over,

the balance (or the entirety of Rs.5,00,000/- if no amount

has been paid) shall be paid over to the appellants by 30

November 2022.”

4.

Learned counsel would further contend that drawing parity

from the aforesaid judgment, the claimant-appellants would also be entitled

to at least Rs.5,00,000/-.

5.

Learned counsel for respondent No.3-Insurance Company has

contended that the judgment in the case of Ram Murti (supra) is not

applicable in the present case and that sufficient amount has already been

awarded as compensation in the present case and that there is no scope of

any enhancement.

Yogesh Sharma

2024.01.24 10:22

I attest to the accuracy and

integrity of this order/judgment.

High Court Chandigarh

2024:PHHC:009085

FAO-4203-2009 (O&M)

-3-

6.

Heard the learned counsel for the parties.

7.

Vide the Motor Vehicles (Amendment) Act, 32 of 2019

Chapter X stands omitted and substituted by Chapter XI. Section 163-A

falls in Chapter X of the unamended Motor Vehicles Act, 1988 and the same

has now been replaced by Section 164 and in view thereof, the judgment of

the Hon’ble Supreme Court in the case of Ram Murti (supra) would be fully

applicable in the present case.

8.

In view of the above, the present appeal is disposed off and the

amount of compensation is enhanced to Rs.5,00,000/-. The amount in excess

of and over and above the amount awarded by the Tribunal shall also attract

interest @ 7.5% per annum from the date of filing of the claim petition till

the realization of the entire amount. The amount shall be apportioned

between the claimant-appellants as directed by the Tribunal. Accordingly,

the award passed by the Tribunal is modified. Pending applications