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FAO-3207-2019 --1--

IN THE HIGH COURT OF PUNJAB AND HARAYNA

AT CHANDIGARH

FAO-3207-2019

Reserved on: 15.12.2025

Pronounced on: 24.12.2025

Uploaded on: 24.12.2025

ANITA DEVI AND ANOTHER …..Appellants

Vs.

LAL CHAND @ LALLI AND OTHERS …..Respondents

CORAM: HON’BLE MR. JUSTICE HARKESH MANUJA

Present: Mr. Manglesh Kumar, Advocate for

Mr. Shakti Mehta, Advocate for the appellants.

Mr. Maninder Arora, Advocate with

Mr. Harmeet Singh, Advocate for respondent No. 3.

*****

HARKESH MANUJA, J.

1. By way of present appeal, challenge has been laid to an award dated

13.02.2019 passed by the learned Motor Accident Claims Tribunal, Chandigarh

(for brevity, “the Tribunal”), whereby an amount of Rs. 7,89,000/- was awarded as

compensation to the appellants/claimants along with interest @ 7.5% per annum

from the date of institution of claim petition till its realization on account of death

of Ashish Kumar in a motor vehicular accident, occurred on 25.03.2017.

2. As sole issue for determination in the present appeal is confined to

quantum of compensation awarded by the learned Tribunal, as such, detailed

narration of the facts of the case is not reproduced for the sake of brevity.

ARGUMENTS

ON BEHALF OF LEARNED COUNSEL FOR THE APPELLANTS

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3. The learned counsel for the appellants assailed the award by submitting

that the learned Tribunal misdirected itself while assessing the income of the

deceased by arbitrarily fixing it at Rs. 5,000/- per month, despite uncontroverted

statements of the appellants/claimants stating that the deceased was engaged in the

repair of scooters and motorcycles and earning Rs. 15,000/- per month. He further

submitted that the learned Tribunal erred in not awarding any amount under the

head of filial consortium, though as per the settled law laid down by the Hon’ble

Supreme Court, the appellants were entitled to compensation of Rs. 40,000/- under

the said head. Furthermore, it was submitted that the rate of interest awarded by the

learned Tribunal @ 7.5% per annum was on the lower side, therefore, he prayed

for enhancement of compensation as per latest decisions on the subject.

ON BEHALF OF LEARNED COUNSEL FOR RESPONDENT

No.3/INSURANCE COMPANY.

4. Per contra, learned counsel representing No.2/ Insurance Company

submitted that there was no basis to assess the income of the deceased as Rs.

15,000/- per month as no documentary evidence were available before the learned

Tribunal in support. He thus submitted that the learned Tribunal, therefore, rightly

assessed the income of deceased. Learned counsel further submitted that in the

facts and circumstances of the case, the appellants/claimants were rightly

compensated and, thus the present appeal was liable to be dismissed.

DISCUSSION

5. I have heard learned counsels for the parties and perused the paper-

book of the case. I find force in the arguments advanced by learned Counsel for the

appellants.

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QUESTION OF INCOME ASSESSED

6. In the present case, in view of the statement of Anita Devi (son of

deceased) who appeared as PW-1, it was deposed that the deceased was earning

Rs. 15,000 per month by working as a motor mechanic, however, no documentary

evidence to support the same was placed before the Tribunal in this regard thus, the

learned Tribunal assessed the income of deceased @ Rs. 5,000/- per month. In this

situation observations made by the Hon’ble Apex Court in “Kubra Bibi vs.

Oriental Insurance Co. Ltd.”, reported as 2023 (3) Apex Court Judgments (SC)

23, to the effect that in the absence of definite proof of income, the social status of

the deceased was to be kept in perspective where such persons were employed in

an unorganized sector and the notional income was required to be taken into

consideration to help the cause of the appellant. Relevant para from this judgment

is reproduced hereunder:-

“7. In a matter of the present nature where the compensation is

sought and ev