##PAGE1##

FAO-150-2022 (O&M) - 1 -

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

272-3 FAO-150-2022 (O&M)

Date of decision: 29.01.2026

Balbir Singh and another

...Appellant(s)

Vs.

Varinder Singh and others

...Respondent(s)

CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA

Present:- Mr. B.D.Sharma, Advocate

for the appellants.

Mr. Rishav Jain, Advocate for respondent No.1.

Mr. Aman Sharma, Advocate for the respondent

No.2 and 3-PRTC.

***

NIDHI GUPTA, J.

Present appeal has been filed by the claimants seeking

enhancement of compensation of Rs.5,74,000/- awarded by the learned

Motor Accident Claims Tribunal, Jalandhar (hereinafter “the learned

Tribunal”) vide Award dated 05.08.2019 passed in MACP Case No. 164

dated 16.07.2018 filed under Section 166 of the Motor Vehicles Act,

(hereinafter referred to as “the Act”). The 3 claimants before the learned

Tribunal are 65-year-old husband; 47-year-old son; and 46-year-old married

daughter of the deceased Balwinder Kaur, who was 64 years old at the time

of accident.

2. Brief facts of the case are that the learned Tribunal on the

basis of pleadings and evidence adduced before it concluded that the

DIVYANSHI

2026.01.30 19:00

I attest to the accuracy and

integrity of this document

FAO-150-2022 (O&M) - 2 -

deceased-Balwinder Kaur had died due to the injuries suffered by her in a

motor vehicular accident that took place on 30.05.2018 due to the rash

and negligent driving of a Bus bearing registration No.PB-10DR-1115

(hereinafter “the offending vehicle”) being driven by respondent No.1;

and owned by respondents No.2 and 3. The Tribunal awarded the above

compensation along with interest @ 6% per annum. Respondents No. 1 to

3 were held liable to pay the said compensation jointly and severally.

3. Learned counsel for the appellants seeks enhancement of

compensation by submitÝng that appellants had clearly pleaded and

proved before the learned Tribunal that the deceased was running a dairy

farm and earning Rs.8,000/- p.m. Besides doing dairy farming work, she

was contributing towards the family. It is pointed out that even at the time

of passing of impugned Award, minimum wages for unskilled worker was

Rs.7,852.17 p.m. Therefore, income of the deceased has been taken on

the lower side as only Rs.6,000/-p.m.

4. It is further contended that multiplier has been applied on

the lower side. Nothing has been awarded for future prospects; and

conventional heads are also on the lower side.

5. Per contra, learned counsel for respondents No.1, 2 and 3

oppose submissions of the appellants and submit that the impugned

Award suffers from no infirmity as the compensation awarded to the

appellants is just and fair. Hence, the present appeal deserves to be

dismissed.

DIVYANSHI

2026.01.30 19:00

I attest to the accuracy and

integrity of this document

FAO-150-2022 (O&M) - 3 -

6. No other argument is raised on behalf of the parties. I have

heard ld. counsel and perused the case file in detail. I find no merit in the

submissions advanced on behalf of the appellants.

7. It is the pleaded case of the appellants before the learned

Tribunal that deceased was running a dairy farming and was earning

Rs.8,000/- p.m. besides doing household work and she was contributing

services towards the family. To prove their case, the appellants have

examined PW2 Paramjit Kaur, who had produced and proved statement of

account Ex.PD, to show that the deceased was selling milk with

Sikandarpur Milk Producers Cooperative Society from 01.01.2018 to

30.05.2018. However, learned Tribunal has correctly deduced that no loss

of income would be caused to the appellants as the said dairy farm would

be run by the appellants. Therefore, appellants have not suffered any loss

of income due to the death of the deceased in respect of income from

dairy farming. As such, Tribunal has assessed income of the deceased as

Rs.6,000/- p.m. or Rs.72,000/- p.a. towards contribution in household. In

this circumstance, I find no error in the income as assessed by the learned

Tribunal.

8. Further, age of the deceased was taken