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FAO-1523-2024 Page 1 of 6

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

215

FAO-1523-2024(O&M)

Date of decision: 30.01.2026

Shyambati & Others

...Appellant(s)

Vs.

Hasim & Others

...Respondent(s)

***

CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA

Present:- Mr. Yash Goyal, Advocate for

Mr. Tanmoy Gupta, Advocate

for the appellants.

Mr. D.K. Prajapati, Advocate

for respondent No.3.

***

NIDHI GUPTA, J.

CM-5806-CII-2024

This is an application under Section 5 of Limitation Act for

condonation of delay of 78 days in filing the appeal.

After going through the contents of the application, which is

supported by affidavit of appellant No.2, the same is allowed subject to all

just exceptions and delay of 78 days in filing the present appeal is condoned.

MAIN CASE

Present appeal has been filed by the claimants seeking

enhancement of compensation of Rs.12,82,990/- awarded by the Motor

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

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Award dated 03.10.2023 passed in MACP Case No.133 dated 11.09.2019

filed under Section 166 of the Motor Vehicles Act (hereinafter “the Act”).

The 3 claimants are the 42-year-old widow, 20-year-old son and 24-year-old

married daughter of deceased Sukhbir Singh, who was 46 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,

concluded that deceased Sukhbir Singh had died due to the injuries

suffered by him in a motor vehicular accident that took place on 07.01.2019

due to the rash and negligent driving of Honda City Car bearing registration

No.DL-4C-AB-8812 (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 @ 7.5%

per annum. Respondents were held jointly and severally liable for payment

of compensation amount.

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.9,023/- per month. It is submitted that the

appellants had duly proved on record that the deceased was a Helper in a

Private Company and also an agriculturist. From the evidence of PW3, it

was established that deceased was getting salary of Rs.10,265/- per month.

However, Tribunal has erroneously deducted the Provident Fund amount

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and assessed income of the deceased as only Rs.9,023/- per month. Ld.

counsel contends that the said deduction could not have been made.

4. It is further submitted that age of the deceased has been

wrongly taken as 46 years and therefore, multiplier of 13 has been wrongly

applied. Learned counsel submits that it was the clear case of the

appellants that deceased was 45 years old at the time of death as was also

proved from his Death Certificate (Ex.P13). Thus, multiplier of 14 was

applicable. It is further submitted that consortium of Rs.50,000/- each

ought to have been awarded to the claimants. Interest is also on the lower

side. It is accordingly prayed that compensation be enhanced to Rs.50 lakh.

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

Company opposes the submissions advanced on behalf of the appellants and

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 some merit

in the submissions made on behalf of the appellants.

7. Perusal of record shows that it is pleaded case of the appellants

before the learned Tribunal that deceased was a Helper with M/s Thermolite

Jointings Pvt. Ltd., Hathin and was getting salary of Rs.15,000/- per month;

besides having agricultural income of Rs.10,000/- per month. The appella