Page 1 of 5

FAO 4121/2016 (O&M)

2023:PHHC:056510

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

FAO 4121/2016 (O&M)

Date of decision: 18.04.2023.

Ranju Devi and otherss

………………Appellant

Vs.

Narender Kumar and others

………………Respondents

CORAM

HON’BLE MS. JUSTICE NIDHI GUPTA

Present:-

Mr. SK Malhotra, Advocate for the appellants

Mr. Ramesh Malhotra, Advocate for the respondents.

Nidhi Gupta, J.

Present appeal has been filed by the claimants seeking

enhancement of compensation of Rs.4,83,600/- granted by the Motor

Accident Claims Tribunal, Rewari (hereinafter referred to as ‘the Tribunal’)

vide Award dated 18.1.2016 passed in MACT Case NO.70/2014 filed u/s

166 of the Motor Vehicles Act,1988 (hereinafter referred to as ‘the Act’) on

account of death of Nageshwar Paswan. Claimants are the widow and three

minor children of the deceased.

Ld. Tribunal on the basis of pleadings and evidence on

record held that the deceased had died due to injuries suffered by him in

motor vehicular accident that took place on 24.3.2014 due to rash and

negligent driving of bus bearing registration No. HR-58-8848 (hereinafter

referred to as ‘the offending vehicle’) being driven by respondent no.1,

RAJINDER PARSHAD JOSHI

2023.04.28 10:49

I attest to the accuracy and

integrity of this document

Page 2 of 5

FAO 4121/2016 (O&M)

2023:PHHC:056510

owned by respondent no.2 and insured by respondent no.3. The Tribunal

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

the date of filing of the claim petition till realization. Liability to pay the

compensation was joint and several.

It is submitted by the ld. counsel for the appellants that the

Ld. Tribunal had granted compensation of Rs.9,67,200/-, however, ld.

Tribunal made a deduction of 50% of the said amount by holding that there

had been contributory negligence on part of the deceased. It is submitted

that the above said finding is patently illegal as deceased was an Agricultural

Labourer and after doing his labour work he was travelling in a tractor-

trolley which was being driven in a moderate speed on the left/ correct side

of the road, when the offending bus coming at a very high speed hit the

tractor trolley in which the deceased was travelling. It is submitted that due

to said collision the tractor trolley turned turtle and deceased received fatal

injuries. It is submitted that in this situation the ld. Tribunal could not have

held deceased liable for contributory negligence. In support, ld. counsel

relies upon judgment of Hon’ble Supreme Court in Khenyel v New India

Assurance Company Ltd., Law Finder Doc. Id # 669171; and this Court

in Smt. Rajwanti Devi and others v Jitender Kumar Mishra and others,

FAO 7723/2015.

It is further submitted that ld. Tribunal framed no issue

regarding contributory negligence and therefore, no opportunity was granted

to appellants to lead their evidence in this respect and to prove before the ld.

Tribunal that there was no negligence on the part of the deceased.

RAJINDER PARSHAD JOSHI

2023.04.28 10:49

I attest to the accuracy and

integrity of this document

Page 3 of 5

FAO 4121/2016 (O&M)

2023:PHHC:056510

It is further submitted that nothing has been granted by the

Tribunal by way of future prospects. It is further submitted that even

amounts granted under other conventional heads are also on lower side.

In response, no judgment to the contrary has been cited by

the ld. counsel for the Insurance Company.

No other argument has been raised.

Heard ld. counsel.

Perusal of the impugned Award shows that the ld. Tribunal

has framed the following issues:-

“1. Whether Nageshwar Paswan had died in a vehicular

accident and took place due to rash and negligent driving

of the offending