IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 24.02.2026 Rajinder Kaur ....Appellants V/s Sucha Singh and others .…Respondents CORAM: HON'BLE MR. JUSTICE VIKRAM AGGARWAL Present: Mr. Sandeep Chopra, Advocate, for the appellant.

Mr. Vinod Gupta, Advocate, for respondent No.3-Insurance Co.

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VIKRAM AGGARWAL, J. (ORAL)

The instant appeal has been preferred by the claimant, who is the widow of Rajwinder Singh (since deceased), seeking enhancement in compensation awarded to her (and her father-in-law) by the Motor Accident Claims Tribunal, Rupnagar (for short “the MACT”) vide award dated 09.05.2024 passed in a claim petition instituted under Section 166 of the Motor Vehicles Act, 1988 (for short “the MV Act”) on account of death of Rajwinder Singh, who expired on 08.08.2023 due to the injuries sustained in a motor vehicular accident which took place on 31.07.2023.

2. The case of the claimants was that on 31.07.2023, Rajwinder Singh along with Sucha Singh was going from Rupnagar to Village Garhi on Activa bearing registration No. PB-12-AH-7284 (hereinafter referred to as “the offending vehicle”), which was being driven by Sucha Singh, while Rajwinder Singh was the pillion rider. Jatinder Singh, son of Karnail Singh, was following them on his motorcycle. It was averred that Sucha Singh was driving the Activa in a rash and negligent manner and at a very high speed. At about 9:30 P.M., when they reached within the revenue limits of Village Jagatpura, near the Plywood Factory on Village Garhi Road, Ropar, the road was full of potholes. Upon hitting one such pothole, Sucha Singh lost control of the Activa, as a result of which both the riders fell onto the road and sustained injuries. Rajwinder Singh suffered multiple grievous injuries on his head and other parts of his body. He was initially taken to Civil Hospital, Ropar, and thereafter was referred to PGIMER, Chandigarh, where he was admitted and treated. However, despite best efforts, he succumbed to his injuries on 08.08.2023. The post-mortem examination on the dead body of Rajwinder Singh was conducted by the doctors at PGIMER, Chandigarh.

3. DDR No.5 dated 08.08.2023 at PP Bela, Police Station Chamkaur Sahib was also recorded in this regard.

4. It was averred that at the time of the accident, Rajwinder Singh was 41 years old and was doing agriculture and dairy farming work. He was stated to be earning about Rs.25,000/- per month. Claimants were claimed to be totally dependent upon his income. Due to his untimely death, the claimants had lost the sole breadwinner of the family and had been deprived of his love, care, and affection, resulting in severe financial and emotional hardship. Accordingly, a sum of Rs.50,00,000/- was claimed as compensation along with interest @ 12% per annum from the date of accident till its realization.

5. The driver and owner of the offending vehicle (respondents No.1 and 2) filed their joint written statement and denied the factum of the accident.

6. The insurance company raised its usual defences in the written statement and denied the factum of the accident.

7. From the pleadings of the parties, following issues were framed:

“1. Whether Rajwinder Singh son of Amar Singh died in motor vehicular accident which took place on 31.07.2023 at about 9:30 P.M. in the revenue limits of Village Jagatpura near Plywood Factory on Rupnagar to Village Farhi Road, due to rash and negligent driving of the Activa bearing Registration No.PB-12-AH-7284 driven by respondent No.1, owned by respondent No.2 and insured with respondent No.3?OPP

2. Whether respondent No.1 the alleged driven of the Activa bearing Registration No.PB-12-AH-7284 was not holding valid and effective driving licence at the time of alleged accident?OPR-3

3. If issue No.1 is proved, whether the claimants are entitled to seek compensation? If so, to what extent and from which of the respondents?OPP

4. Relief.”

8. Parties led their respective evidence.

9. After considering the evidence led