IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-949-2025(O&M)

Date of decision: 18.02.2026 Sima Kumari & Others ...Appellant(s)

Vs.

Ravi Kumar & Others ...Respondent(s)

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CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Sanjeev Patiyal, 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.16,89,800/- awarded by the Motor Accident Claims Tribunal, Chandigarh (hereinafter ‘the learned Tribunal’) vide Award dated 05.10.2024 passed in MACP Case No.274 dated 08.05.2018 filed under Section 166 of the Motor Vehicles Act (hereinafter “the Act”). The 3 claimants are the 18-year-old widow, 46-year-old mother and 55-year-old father of deceased Anil Kumar, who was 23 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 Anil Kumar had died due to the injuries suffered by him in a motor vehicular accident that took place on 27.03.2018 due to the rash and negligent driving of Car bearing registration No.PB-01-A-8345 (hereinafter “the offending vehicle”) being driven by respondent No.4, owned by respondent No.5 and not insured. The said compensation has been awarded along with interest @ 9% per annum. Respondents No.4 and

5 were held jointly and severally liable for payment of compensation.

3. Learned counsel for the appellants submits that the compensation awarded to the appellants deserves to be enhanced as age and income of the deceased have not been considered. Wrong multiplier has been applied. Interest should have been awarded @ 12% per annum.

4. Learned counsel for the appellants further submits that it was the clear pleaded case of the appellants before the learned Tribunal that:-

“2. The brief facts of the claim petition as pleaded by the claimants are that on 27.03.2018 at about 12:10 a.m., deceased was sitting as a pillion rider on motorcycle bearing registration No. PB20-C-0499 which was being driven by respondent No. 1 Ravi. They were coming back from Ropar to their village Rail Majra on said motorcycle. On the way when they reached near Rayat College, Rail Majra, GT Road, one car bearing registration No. PB01-A-8345 came from opposite side i.e. from the side of Balachaur being driven by respondent No. 1 Manjit Kumar in a rash and negligent manner and on the wrong side of the road. Respondent No. 4 Manjit Kumar struck his said car against motorcycle of the deceased. On account of that, all the occupants of the motorcycle fell down and suffered multiple injuries. All of them were first taken to Civil Hospital, Ropar from where Anil Kumar and Ravi Kumar were referred to PGI, where they were declared brought dead. The accident had taken place due to rash and negligent driving of drivers of motorcycle bearing registration No. PB20-C-0499 and car bearing registration No. PB01-A-8345. A criminal case with regard to the accident was registered against respondent No. 4, driver of the car with Police Station Kathgarh, District Shahid Bhagat Singh Nagar on the statement of Baljit Singh. It has been further pleaded by claimants that deceased Anil Kumar was 23 years of age at the time of his death. He was a skilled worker of welding and was working in the factory being run in the name and style of DCM Engineering Products Limited, Village and PO Asro, Tehsil Balachaur, District Shahid Bhagat Singh Nagar, Punjab. Thereby, he used to earn Rs.20,000/- per month. Deceased Anil Kumar had died on account of injuries received by him in the accident and he was declared brought dead by the doctors of PGI, Chandigarh. However, they had spent an amount of Rs. 1,50,000/- on transportation of dead body of deceased and on his last rites. Prior to his death, Anil Kumar was hail and hearty and was not suffering from any ailment. He was laborious person and was aged about 23 years at the time of his death. They have suffered irrepa