IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

255 FAO-5896-2023(O&M)

Date of decision: 01.05.2025 Ruldu Ram & Others ...Appellant(s)

Vs.

Pala Ram & Others ...Respondent(s)

CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Ishan Cooner, Advocate for Mr. J.S. Cooner, 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.4,90,000/- awarded by the Motor Accident Claims Tribunal, Panchkula (hereinafter referred to as “the Tribunal”), vide Award dated 26.05.2023 passed in MACP/40/2020 dated 05.03.2020 filed under Section 166 of the Motor Vehicles Act (hereinafter referred to as “the Act”). The 4 claimants are the husband and 3 sons aged 48, 45 and 30 years of the deceased Jagir Kaur (wife of claimant No.1 and mother of claimants No.2 to 4).

2. Brief facts of the case are that the ld. Tribunal on the basis of pleadings and oral & documentary evidence adduced before it concluded that the deceased Jagir Kaur had died due to the injuries suffered by her in a motor vehicular accident that took place on 07.02.2020 due to the rash and negligent driving of truck bearing registration No.HP- 12C-8713 (hereinafter referred to as “the offending vehicle”) by respondent No.1. The offending vehicle was owned by respondent No.2 and insured by respondent No.3. The above-said compensation was granted along with interest @ 6% per annum.

3. Learned counsel for the appellants seeks enhancement of compensation stating that the appellants had filed claim petition claiming compensation of Rs.70 lakh on account of death of Jagir Kaur aged 62 years on 07.02.2020; whereas the learned Tribunal has awarded meagre compensation of Rs.4,90,000/- vide impugned Award dated 26.05.2023. It is submitted that the learned Tribunal has wrongly assessed income of the deceased as only Rs.5,000/- per month, which is highly inadequate. Learned Tribunal ought to take income of the deceased on the higher side. Moreover, the learned Tribunal has awarded only Rs.40,000/- as loss of consortium; whereas Rs.44,000/- each should have been awarded. Further, the learned Tribunal has awarded Rs.15,000/- each for loss of estate and funeral expenses; whereas Rs.16,500/- each ought to have been awarded. Moreover, the learned Tribunal has awarded interest @ 6% per annum from the date of filing the claim petition; whereas interest @ 12% per annum should have been awarded from the date of accident itself. It is accordingly prayed that the impugned Award be modified.

4. No other argument is made on behalf of the appellants.

5. I have heard learned counsel for the appellants and perused the case file in great detail.

6. I find no merit whatsoever in the arguments advanced on behalf of the appellants.

7. Record reveals that age of the deceased was proven to be 62 years on the basis of her Aadhaar Card (Ex.R1). The learned Tribunal has assessed the notional income of the deceased after considering the existing case law on the issue in great detail; including judgments of this Court in FAO-1016-2014 titled as “Nar Singh & Others Vs. ICICI Lombard Insurance Co. Ltd. & Another” decided on 20.11.2017; and “Sher Singh & Others Vs. Buta Singh & Others” 2019 (5) RCR (Civil) 897 (P&H), in which cases, in similar facts and circumstances notional income of the deceased- housewives therein had been taken as Rs.3,000/- and Rs.7,000/- respectively. In determining the income of the deceased housewife, the learned Tribunal also placed reliance on judgment of Hon’ble Supreme Court in “Lata Wadhwa Vs. State of Bihar” Law Finder Doc ID # 13694, wherein it is held that notional income of housewives is estimated according to their age. As such, the learned Tribunal has correctly taken notional income of the deceased as Rs.5,000/- per month. Nothing whatsoever has been shown to this Court by learned counsel for the appellants to enhance the said income as assessed by the learned Tribunal.

8. Further, as age of the deceased was proven to