IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

Date of Decision: 23.12.2025

1) FAO-4795-2024 (O&M)

Sunil (since deceased) through LRs and others ....Appellants

V/s

Rajinder Singh and others .…Respondents

2) FAO-3253-2025 (O&M)

Beermati and others ....Appellants

V/s

Rajinder Singh and others .…Respondents

CORAM: HON'BLE MR. JUSTICE VIKRAM AGGARWAL

Present: Mr. Govind Chauhan, Advocate, for the appellants.

(in both appeals).

Mr. Amit Jaiswal, Advocate,

for respondent No.3-insurance company (in both appeals)

***

VIKRAM AGGARWAL, J. (ORAL)

CM-17895-CII-2024 in FAO-4795-2024

Prayer in the present application preferred under Section 151

CPC is for condonation of delay of 818 days in refiling the appeal.

Notice of the application to respondent No.3.

Mr. Amit Jaiswal, Advocate accepts notice on behalf of

respondent No.3 and submits that he would have no objection to the

application being allowed.

For the reasons mentioned in the application and in view of the

statement given by learned counsel for respondent No.3, the same is

allowed. The delay of 818 days in refiling the appeal is condoned.

CM-10348-CII-2025 in FAO-3253-2025

Prayer in the present application preferred under Section 5 of the Limitation Act, 1963 is for condonation of delay of 1091 days in filing the appeal. The same was allowed vide order dated 05.08.2025 passed by a coordinate Bench.

FAO-4795-2024 and FAO-3253-2025 This judgment shall dispose of the afore titled appeals, both seeking enhancement in compensation awarded by the Motor Accident Claims Tribunal, Karnal (hereinafter referred to as “the MACT”).

2. Two claim petitions were instituted before the MACT. One was filed by the legal representatives of Sunil under Sections 166 and 140 of the Motor Vehicles Act, 1988 (for short “the MV Act”) for the grant of compensation of Rs.20 lakhs on account of injuries sustained by Sunil in a motor vehicular accident which took place on 18.06.2017.

3. The second claim petition was filed by the legal representatives of Sunder Singh, who had expired in the accident in question, claiming Rs.50 lakhs as compensation.

3.1 The case of the claimants was that on 18.06.2017, Sunil along with one Sunder had gone to Safidon Dham on a motorcycle bearing Regn. No.HR-06-AD-7286. When they were returning to their Village Barana via Karnal and had reached near Rathore Petrol Pump, a Bolero Jeep bearing Regn. No.HR-06-AE-8953 (hereinafter referred to the as “the offending vehicle”) came from the side of Jundla. As per the claimants, it was being driven at a very high speed and in a rash and negligent manner by respondent No.1 (Rajinder Singh). It struck the motorcycle on which Sunil and Sunder were travelling. Both fell on the road. Sunil received grievous injuries on his neck, left arm and both legs below the knee were broken as a result of which, he suffered permanent disability. Sunder also received head injuries. Both were taken to Civil Hospital, Karnal. However, Sunder expired on the way. Sunil was referred to PGIMER, Chandigarh, where he remained admitted for 20 days in coma. He was thereafter shifted to Civil Hospital, Panipat on 09.07.2017 and was still in coma when the petition for the grant of compensation was filed. It was averred that the accident, as a result of which Sunil had suffered grievous injuries and Sunder had expired, had taken place on account of the rash and negligent driving of the offending vehicle by its driver (respondent No.1-Rajinder Singh).

3.2 FIR No.619, dated 18.06.2017 under Sections 279, 337, 338, 421 and 304A IPC was registered at Police Station Sadar, District Karnal.

3.3 It was claimed that at the time of the accident, Sunil was 35 years old and was a labourer by profession earning Rs.12,000/- per month. He was also claimed to be doing cultivation and dairy farming. It was claimed that a sum of Rs.3 lakhs had been spent on treatment, medicine, special diet, transportation etc.

3.4 As regards Sunder Singh, he was claimed to be 38 years old and was stated to be a Mason (Raj Mistri)