IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 217 Date of decision: 13.02.2026

1. FAO-1263-2025 (O&M)

Mamta Devi and another ...Appellant(s)

Vs.

Satta Ram and others ...Respondent(s)

AND

2. FAO-1198-2025 (O&M)

Sanjeev Kumar and another ...Appellant(s)

Vs.

Satta Ram and others ....Respondent(s)

CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA Present:- Ms. Nikita Sharma, Advocate for Mr. Deepak Jaglan, Advocate for the appellant(s).

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NIDHI GUPTA, J.

CM-3743-CII-2025 in FAO-1263-2025 Prayer in this application filed under Section 5 of the Limitation Act read is for condonation of delay of 09 days in filing the accompanying appeal.

2. Heard.

3. For the reasons mentioned in the application which is supported by an affidavit of the applicant/appellant No.1, the same is allowed and delay of 09 days in filing the accompanying appeal is condoned.

FAO-1263-2025:

The present appeal has been filed by the claimants no.1 and

2 seeking enhancement of compensation of Rs.13,77,000/- granted by the learned MACT, Kaithal vide Award dated 21.10.2024 passed in MACT Case No. 25 dated 25.05.2022 filed under Section 166 of the Motor Vehicles Act. The 2 appellants are the parents of the deceased Suresh, who was 30 years old at the time of accident.

FAO-1198-2025:

The present appeal has been filed by the claimants No. 3 and

4, whereby learned MACT, Kaithal has rejected compensation qua them vide Award dated 21.10.2024 passed in MACT Case No. 25 dated 25.05.2022 filed under Section 166 of the Motor Vehicles Act. The present appellants are the 32-year-old brother; and 37-year-old married sister of the deceased Suresh, who was 30 years old at the time of accident.

2. The learned Tribunal upon appraisal of the pleadings, and the oral and documentary evidence adduced by the parties, concluded that deceased-Suresh had died due to the injuries suffered by him in a motor vehicular accident that took place on 28.02.2022 at 08:45 A.M. due to the rash and negligent driving of a Truck bearing registration No. RJ-19GD-4977 (hereinafter referred to as ‘the offending vehicle’), which was driven by respondent No.1; owned by respondent No.2; and insured by respondent No.3. The above said compensation was granted by the learned Tribunal alongwith interest @ 7% per annum from the date of institution of the claim petition till realisation. Liability to pay compensation amount was fixed upon owner and driver/respondents No.1 and 2 on the ground that the offending vehicle is a transport vehicle containing hazardous material and respondent No.1 did not have proper driving license authorizing him to drive said vehicle.

FAO Nos.1263 and 1198 of 2025 (O&M)

Both the above said appeals are being decided by this common order as parties in both the appeals are same; both appeals pertain to the same accident dated 28.02.2022; are against the same Award dated 21.10.2024 passed by learned MACT, Kaithal; and the facts and issues involved in both the cases are identical. For the sake of facility, facts are being drawn from FAO-1263-2025 titled as Mamta Devi and another vs.

Satta Ram and others.

2. Learned counsel for the appellants seeks enhancement of compensation by submitting that income of the deceased has been assessed on the lower side as only Rs.10,000/- per month as that of an unskilled labourer. It is submitted that the appellants had proved on record that prior to the accident, deceased was a plumber and was earning Rs.20,000-Rs.25,000/- p.m. The appellants had also produced PW3 Akshay Kumar, employer of the deceased who had duly testified that deceased was working as plumber in his shop for the last 10 years and was earning Rs.20,000-Rs.25,000/- per month. PW3 has also placed on record writing dated 22.07.2023 affirming the above said facts. Learned counsel contends that in these circumstances, income of the deceased could not have been taken as only Rs.10,000/- p.m. It is submitted that atleast income of the deceased ought to have been taken as that of a skilled worker.

3. Learned counsel submits