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FAO-854-2025 Page 1 of 5

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

129

FAO-854-2025(O&M)

Date of decision: 29.01.2026

Neelam & Others

...Appellant(s)

Vs.

Ram Singh & Others

...Respondent(s)

***

CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA

Present:- Mr. Rajiv Kumar Saini, Advocate

for the appellants.

Ms. Rajni Godara, Advocate for

Mr. P.H.S. Pannu, Advocate

for respondent No.3.

***

NIDHI GUPTA, J.

Present appeal has been filed by the claimants seeking

enhancement of compensation of Rs.34,51,420/- awarded by the Motor

Accident Claims Tribunal, Karnal (hereinafter ‘the learned Tribunal’) vide

Award dated 05.11.2024 passed in MACP Case No.322 dated 12.05.2022

filed under Sections 166 and 140 of the Motor Vehicles Act (hereinafter

“the Act”). The 6 claimants are the widow, three minor children, and

parents of deceased Jai Karan, who was 34 years old at the time of accident.

2. Brief facts of the case are that the ld. Tribunal on the basis of

pleadings and oral & documentary evidence adduced by the parties,

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concluded that deceased Jai Karan had died due to the injuries suffered by

him in a motor vehicular accident that took place on 01.05.2022 at about

5:30 pm due to the rash and negligent driving of Canter bearing registration

No.DL-01-MA-7694 (hereinafter “the offending vehicle”) being driven by

respondent No.1, owned by respondent No.2 and insured by respondent

No.3. The said compensation has been awarded along with interest @ 6%

per annum. Respondents No.1 and 2 were held liable for payment of

compensation amount. However, in view of Section 149 of the Act,

respondent No.3/Insurance Company was directed to discharge it.

3. Learned counsel for the appellants seeks enhancement of

compensation by submitting that income of the deceased has been taken

on the lower side as only Rs.15,450/- per month. It is submitted that the

appellant has adduced cogent and reliable evidence proving the income of

the deceased as Rs.20000/- as deceased was doing work of welder, which

is a skilled work. The Ld. Tribunal has wrongly and erroneously assessed the

income of the deceased as Rs. 15450/- per month without any evidence

and rather in contravention and violation of the evidence on record.

4. It is further submitted that interest has been awarded on the

lower side. It is accordingly prayed that the present appeal be allowed and

the impugned Award be modified.

5. Per contra, learned counsel for the respondent No.3/Insurance

Company opposes the submissions advanced on behalf of the appellants and

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submit that the impugned Award suffers from no error; and the present

appeal deserves to be dismissed.

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

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

the submissions advanced on behalf of the appellants.

7. It was the pleaded case of the appellants that prior to the

accident, the deceased was working as a Welder and earning Rs.20,000/-

per month. But no documentary evidence was led by the appellants to

prove the alleged avocation or income of the deceased. Yet, the ld. Tribunal

keeping in view the fact that the Act is a beneficial legislation, had assessed

income of the deceased as per the Notification dated 19.01.2022 issued by

the Haryana Kaushal Rozgar Nigam for the financial year 2022-2023 and

assessed income of the deceased as Rs.15,450/- per month.

8. Age of the deceased was determined to be 34 years on the

basis of pleadings. Therefore, future prospects of 40% has been correctly

added; and multiplier of 16 was correctly applied. As there were 6 claimants,

deduction of 1/4^th has been correctly made. Learned Tribunal had further

awarded Rs.18,150/- towards loss of estate; Rs.18,150/- towards funeral

expenses; Rs.10,000/- towards litigation expenses; and Rs.48,400/- to each

of the six claimants; thereby granting to