IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 20.01.2026 FAO-269-2025(O&M)

Enaya & Others ...Appellant(s)

Vs.

Gurmeet Singh & Others ...Respondent(s)

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FAO-56-2025(O&M)

Priyanka Rani & Another ...Appellant(s)

Vs.

Gurmeet Singh & Others ...Respondent(s)

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CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Kapil Aggarwal, Advocate for the appellants (in both cases).

Mr. Lalit Garg, Advocate for respondent No.3/Insurance Company.

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NIDHI GUPTA, J.

FAO-269-2025 Present appeal has been filed by claimants No.2, 3, 5 and 6 seeking enhancement of compensation of Rs.21,54,740/- awarded by the Motor Accident Claims Tribunal, Kurukshetra (hereinafter ‘the learned Tribunal’) vide Award dated 14.03.2024 passed in MACP Case No.310 dated 08.07.2021 filed under Sections 166 and 140 of the Motor Vehicles Act (hereinafter “the Act”). The six claimants are the 26-year-old widow, three minor children, 44-year-old mother and 47-year-old father of deceased Ankush, who was 27 years old at the time of accident. Claimants No.1 and

4 are pro-forma respondents No.3 and 4 herein.

FAO-56-2025 Present appeal has been filed by claimants No.1 and 4 seeking enhancement of compensation of Rs.21,54,740/- awarded by the Motor Accident Claims Tribunal, Kurukshetra (hereinafter ‘the learned Tribunal’) vide Award dated 14.03.2024 passed in MACP Case No.310 dated 08.07.2021 filed under Sections 166 and 140 of the Motor Vehicles Act (hereinafter “the Act”). The 6 claimants are the 26-year-old widow, three minor children, 44- year-old mother and 47-year-old father of deceased Ankush, who was 27 years old at the time of accident.

Both the above appeals are being disposed of by this common order as both arise out of the same accident dated 24.04.2021, in respect of death of Ankush; and against Award dated 14.03.2024 passed in Claim Petition No.310 of 2021. For the sake of brevity, the facts are being taken from FAO-269-2025 titled as “Enaya & Others Vs. Gurmeet Singh & Others”.

2. Mr. Kapil Aggarwal, Advocate appears on behalf of the appellants (in both cases) and files Power of Attorney, which is taken on record.

3. Brief facts of the case are that the ld. Tribunal on the basis of pleadings and oral & documentary evidence adduced by the parties, concluded that deceased Ankush had died due to the injuries suffered by him in a motor vehicular accident that took place on 24.04.2021 due to the rash and negligent driving of the Car bearing registration No.HR-97-8708 (hereinafter “the offending vehicle”) being owned and driven by respondent No.1 and insured by respondent No.2. The said compensation has been awarded along with interest @ 7.5% per annum. Respondents were held jointly and severally liable for payment of compensation amount.

4. Learned counsel for the appellants seeks enhancement of compensation by submitting that it was the clear pleaded case of the claimants before the learned Tribunal that deceased was a Contractor and was earning Rs.25,000/- per month. It is submitted that yet, the learned Tribunal has taken income of the deceased only as Rs.9,700/- per month as that of an unskilled labourer, which is on the lower side. It is further submitted that in view of the fact that there were six claimants, deduction of 1/5^th ought to have been made towards personal expenses; whereas learned Tribunal has erroneously made a deduction of 1/4^th. Even interest should have been awarded @ 18% per annum instead of 7.5%. Learned counsel further submits that consortium of only Rs.44,000/- has been awarded; whereas each of the claimants are entitled to consortium. It is accordingly prayed that the present appeal be allowed and the Award passed by the learned Tribunal be modified/enhanced.

5. Notice of motion.

6. Mr. Lalit Garg, Advocate accepts notice on behalf of respondent No.2/Insurance Company.

7. Per contra, learned counsel for the respondent No.2/Insurance Company opposes the submissions advanced on behalf of the appellants and submits that the impugned Awa