IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

256 FAO-643-2024(O&M)

Date of decision: 11.02.2026 Bala Devi & Another ...Appellant(s)

Vs.

Sandeep & Others ...Respondent(s)

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CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Mohit, Advocate Mr. Pavitra, Advocate Mr. Sachin, Advocate Mr. Bharat, Advocate for the appellants.

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NIDHI GUPTA, J.

Present appeal has been filed by the claimants seeking enhancement of compensation of Rs.12,79,600/- awarded by the Motor Accident Claims Tribunal, Bhiwani (hereinafter ‘the learned Tribunal’) vide Award dated 15.11.2023 passed in MACP Case No.148 dated 28.04.2021 filed under Section 166 of the Motor Vehicles Act (hereinafter “the Act”). The 2 claimants are 39-year-old mother and 42-year-old father of deceased Bhupender Singh @ Aakash, who was 16 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 Bhupender Singh @ Aakash had died due to the injuries suffered by him in a motor vehicular accident that took place on 14.03.2021 due to the rash and negligent driving of Haryana Roadways Bus bearing registration No.HR-63B-9133 (hereinafter “the offending vehicle”) being driven by respondent No.1, owned by respondent No.3 and insured by respondent No.4. The said compensation has been awarded along with interest @ 7.5% per annum. Respondents No.1 to 4 were held jointly and severally liable for payment of compensation amount.

3. Learned counsel for the appellants seeks enhancement of compensation by submitting that the learned Tribunal has failed to award Rs.2 lakh spent by the appellants on the treatment and transportation of the dead body and last rites of the deceased; and has only awarded a meagre amount of Rs.15,000/- towards funeral expenses. Even the amount of Rs.40,000/- granted towards filial consortium is very less. Deduction of

50% made towards personal expenses is on the higher side.

4. Ld. Counsel submits that the Ld. M.A.C.T. Bhiwani failed to appreciate the fact that the deceased Bhupender Singh was admitted in the Kaddam Hospital, Bhiwani soon after the accident and thereafter he was shifted to Bharadwaj Hospital, Bhiwani and thereafter Bhupender Singh was admitted to PGIMS Rohtak. The accident happened on 14.03.2021 and injured Bhupender Singh died on 21.03.2021. However, Ld. M.A.C.T. Bhiwani erroneously failed to appreciate this fact and did not award any amount on the account of treatment, transportation of injured/deceased from place of occurrence to hospital etc. In the claim petition, amount of Rs. 2,00,000/- was claimed on account of treatment & transportation of dead body and last rites etc. Even in the cross-examination of PW 3 (HC Sandeep) examined before Ld. M.A.C.T. Bhiwani, it has been squarely deposed that the Rukka was received from PGIMS Rohtak. However, Ld. M.A.C.T. Bhiwani only awarded the amount of Rs. 15,000/- towards the funeral expenses and did not award any amount towards the treatment & transportation of the injured/ deceased Bhupender Singh alias Aakash. It is submitted that Hon'ble Supreme Court of India in Master Ayush v. Branch Manager, Reliance General Insurance Co. Ltd., 2022(7) SCC 738 considering the situation of injured, awarded the sum of Rs. 2,00,000/- as conveyance charges wherein the claim of conveyance charges was rejected by the learned Tribunal on the premise of not producing the taxi driver. In such circumstances, it was just & proper for the Ld. M.A.C.T. Bhiwani to award amount of Rs. 2,00,000/- for the treatment & transportation of injured / deceased Bhupender Singh alias Aakash.

5. Learned counsel also submits that the learned Tribunal has failed to appreciate that the deceased was the only son of the family and has left behind two unmarried sisters, who were dependent upon the deceased. It is submitted that the learned Tribunal ought to have awarded some amount on that account also as deceased woul