IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 25.02.2026 Laxmi Kumari and others .…Appellants Versus Harpreet Singh and others ....Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - Mr. Himanshu Choudhary, Advocate for Mr. Kulwant Singh, Advocate for the appellants.

NIDHI GUPTA, J. CM-4844-CII-2025

1. Prayer in this application filed under Section 5 of the Limitation Act, 1963is for condonation of delay of 167 days in filing the accompanying appeal.

2. Heard.

3. For the reasons mentioned in the application which is supported by an affidavit, the same is allowed and delay of 167 days in filing the present appeal is condoned.

4. Needless to say, no interest will be payable to the appellant-

claimants for the aforesaid period of 167 days.

FAO-1554-2025

1. The appellant-claimants have filed the present appeal seeking enhancement of the compensation of ₹17,71,000/- awarded by the Motor Accident Claims Tribunal, Ludhiana (for short ‘the learned Tribunal’) vide Award dated 09.05.2024, passed in MACP Petition No. 155 of 2022 filed under Sections 166 and 140 of Motor Vehicles Act, 1988. The 06 claimants are the: i) 29-year-old widow; ii) 03 minor children; and iii) parents of deceased Manoj Kumar Dass who was 36 years old at the time of accident.

2. Brief facts of the case are that the learned Tribunal on the basis of pleadings and evidence adduced before it concluded that deceased-Manoj Kumar Dass, had died in a motor vehicular accident that took place on 25.01.2022 due to the rash and negligent driving of Truck bearing registration No. PB-23-T-1817 (hereinafter referred to as ‘the offending vehicle’) by respondent No.1-Harpreet Singh; owned by respondent No. 2-M/s Chankaya Dairy Products Ltd.; and insured by respondent No. 3-Insurance Company. Learned Tribunal awarded the above compensation along with interest @ 7.5% per annum from the date of filing the claim petition till actual realization. All the respondents were held liable to pay the amount of compensation jointly and severally. The amount of compensation is apportioned amongst the claimants as under: -

1. Laxmi Kumari (Widow) 35% 2. Aman Kumar (minor son) 15% 3. Juli Kumari 15%

(minor daughter)

4. Abhishek Kumar (minor son) 15% 5. Chameliya Devi, mother 10% 6. Ram Chander Dass, father 10%

3. Learned counsel for the appellants seeks enhancement of compensation by submitting that the learned Tribunal has wrongly assessed the income of the deceased as only ₹9000/- per month. It is submitted that the appellants have proved on record that prior to the accident in question, the deceased was working as Printing Operator and was earning ₹20,000/- per month. Learned counsel submits that despite this learned Tribunal had assessed the monthly income of the deceased on the lower side as only ₹9000/- per month.

4. Ld. counsel also submits that compensation is to be enhanced as only spousal consortium has been awarded to claimant No. 1-widow.

Nothing has been paid by way of consortium to claimants No. 2 to 6.

5. Heard.

6. Notice of motion only to respondent No. 3-Insurance Company, at this stage.

7. On the asking of Court, Mr. Neeraj Khanna, Advocate who is present in Court accepts notice on behalf of respondent No. 3-Insurance Company. Learned counsel for respondent No. 3 vehemently opposes the submissions advanced by learned counsel for the appellants and submits that just and fair compensation has already been awarded to the appellants.

8. No other argument is raised on behalf of the parties.

9. I have heard learned counsell and perused the case file in detail. I find some merit in the arguments advanced on behalf of the appellants.

10. Perusal of the record shows that it was the pleaded case of the appellant-claimants that prior to the accident in question, the deceased was working as Operator of Printing Machine in Ganga Acrowools Limited, G.T. Road, Village Kot Sekhon, Tehsil Khanna, District Ludhiana and was earning ₹20,000/- per month. In support, the appellants h