IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH

Reserved on:- 19.12.2025

Pronounced on:- 23.12.2025

Date of Uploading:-23.12.2025

UNITED INDIA INSURANCE CO. LTD .....Appellant

vs.

SACHIN DEV AND ORS ......Respondents

CORAM: HON'BLE MRS. JUSTICE SUDEEPTI SHARMA

Present: Ms. Mallika Dhillon, Advocate for

Mr. S.S. Sidhu, Advocate

for the appellant.

Mr. Akash Patyal, Advocate for

Mr. Wazir Singh, Advocaet

for respondent No. 1 to 4.

* * *

SUDEEPTI SHARMA J .

1. The present appeal has been preferred against the award dated 30.11.2023 passed by the learned Motor Accident Claims Tribunal, Karnal (for short, 'the Tribunal’) in the claim petition filed under Section 166/140 of the Motor Vehicles Act, 1988, wherein, the appellant insurance company was held liable to pay the compensation to the claimants/respondents to the tune of Rs.39,04,500/- along with interest @ 6% per annum, on the ground of

quantum of compensation to be on higher side.

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-Insurance Company vehemently argues that the compensation awarded by the learned Tribunal is on the higher side. She further submits that the Tribunal has erred in assessing ₹

the monthly income of the deceased at 16,250/- by placing reliance upon the wage notification issued by the Deputy Commissioner, Karnal, applicable to unskilled labour (tailor) in the State of Haryana wheras the monthly income should be assessed by taking into consideration minimum wages prevalent at the relevant time. Accordingly, she prays that the present appeal be allowed and amount of compensation be reduced as per latest law.

4. Per contra, learned counsel for respondent Nos. 1 to 4(claimants) contends that the learned Tribunal has rightly assessed the monthly income by taking into account wage notification issued by the Deputy Commissioner, Karnal. Therefore, he prays that the present appeal be dismissed.

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

6. It is pertinent to note that the controversy with regard to assessment of the monthly income of the deceased by relying upon the notification issued by the Deputy Commissioner stands conclusively settled by this Court. In FAO No. 6751 of 2017 titled National Insurance Company Limited v. Vimal Kaur and others, decided on 18.12.2025, this Court categorically held that there exists no legal bar or prohibition in determining the monthly income of a deceased or injured person by taking into consideration the wage rates notified by the Deputy Commissioner. The relevant extract of the said judgment is reproduced hereinbelow:-

6. At the outset, it is apposite to reiterate the well- settled principle governing appellate jurisdiction. It is trite law that a Court sitting in appeal does not substitute its own view for that of the Court below merely because an alternative view is possible. Interference is warranted only where the impugned findings are vitiated by perversity, illegality, or material irregularity, or suffer from such infirmities as render them unsustainable in law. In the absence of such vitiating factors, interference in appellate jurisdiction is wholly unwarranted.

7. In the present case, a perusal of the record shows that the driving licence of the deceased was produced and exhibited as Ex. R-6. The said licence clearly reflects that the deceased was authorised to drive heavy and medium goods vehicles. Thus, the deceased was duly qualified to be treated as a skilled worker in the category of heavy vehicle driver.

8. There is nothing on record to demonstrate that the wage rates notified by the Deputy Commissioner, Kurukshetra, were not applicable to the deceased. In the absence of any cogent evidence to