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FAO-901-2025 Page 1 of 5

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

119

FAO-901-2025(O&M)

Date of decision: 30.01.2026

Sunny & Another

...Appellant(s)

Vs.

Parmod & Others

...Respondent(s)

***

CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA

Present:- Ms. Kavita, Advocate for

Mr. Ankit Chahal, 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.16,61,000/- awarded by the Motor

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

Award dated 11.11.2024 passed in MACP Case No.29 dated 30.01.2023

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

“the Act”). The two claimants are the 24-year-old and 23-year-old sons of

deceased Sunita, who was 40 years 9 months 4 days old at 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 Sunita had died due to the injuries suffered by her

in a motor vehicular accident that took place on 05.10.2022 due to the rash

and negligent driving of Motorcycle bearing registration No.HR-11N-4359

(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 age of the deceased has been wrongly

considered as 41 years. Therefore, multiplier has been wrongly applied.

Consortium should have been awarded as Rs.48,400/- each. Even amounts

under the other heads of funeral expenses and loss of estate should be

enhanced. Nothing has been awarded on account of pain and suffering or

mental agony of the appellants. Interest should also be 18% per annum. It

is accordingly prayed that the present appeal be allowed and the impugned

Award be modified.

4. 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.

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5. 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.

6. It was the pleaded case of the appellants before the learned

Tribunal that prior to the accident, the deceased was a Mid-Day Meal Cook-

cum-Helper in Government Senior Secondary School from where she was

getting Rs.7,000/- per month; and the deceased was also doing dairy

farming from where she was earning Rs.15,000/- per month. Thus, the

deceased was stated to be earning Rs.21,000/- per month. To prove their

case, the appellants had examined PW1 Naveen, Senior Assistant, SBI, who

had proved the Account Statement of the deceased from 01.04.2022 to

31.10.2022 (Ex.PW1/A). The appellants had also examined PW3 Om Dutt,

Principal, GSSS, who had stated that deceased was earning Rs.7,000/- per

month, which was proved from the School Record (Ex.PW3/A). The

appellants had examined other witnesses who had also proved the said fact.

However, the appellants had failed to produce any evidence to show that

deceased was earning Rs.15,000/- from dairy farming. Nonetheless, it was

admitted fact on record that the deceased was a widow and was single-

handedly taking care of her two unmarried sons. Therefore, the learned

Tribunal had made an addition of Rs.4,000/- towards contribution of the

deceased towards her domestic work; and thereby calculated monthly

income of the deceased as R