IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (126)

CM-4538-CII-2020 CM-5790-CII-2026 in/and FAO-1491-2020 (O&M)

Date of decision:- 25.03.2026 Sushil Kumar Mishra and others ...Appellants Versus Manpreet Singh and others ...Respondents CORAM: HON'BLE MR. JUSTICE VIKAS BAHL Present: Mr. Rehan Gupta, Advocate for Mr. Harpreet Pal Singh Bunger, Advocate, for the appellants.

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

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VIKAS BAHL, J. (ORAL)

CM-5790-CII-2026

1. Present application has been filed under Order 41 Rule 19 read with Section 151 CPC for restoration of the above-mentioned appeal.

2. For the reasons mentioned in the application, which is duly supported by an affidavit, the same is allowed. The order dated 13.03.2026 is recalled and the main appeal is restored to its original number.

CM-4538-CII-2020

1. Present application has been filed under Section 5 of the Limitation Act read with Section 151 CPC for condonation of delay of 343 days in filing the present appeal.

2. For the reasons stated in the application, which is duly supported by an affidavit, the same is allowed and the delay of 343 days in filing the appeal is condoned.

FAO-1491-2020

1. The widow, four minor children and mother of the deceased- Shabhu Nath @ Shamboo Nath Mishra, have filed the present appeal for enhancement of compensation. The Motor Accident Claims Tribunal, Fatehgarh Sahib, vide award dated 30.10.2018 had awarded the compensation of Rs.12,23,000/- along with interest on account of death of Shabhu Nath @ Shamboo Nath Mishra, which took place in a motor vehicular accident. The only issue which arises for consideration in the present appeal is as to whether the present appellants are entitled to enhancement of compensation as other aspects have not been disputed before this Court.

2. Learned counsel for the appellants has submitted that in the present case, there are six claimants and as per the settled law, each of the claimants were held entitled to an amount of Rs.40,000/- on account of loss of consortium but the Tribunal had awarded only an amount of Rs.40,000/- on account of loss of consortium for all the claimants. It is further submitted that thus, an additional amount of Rs.2,00,000/- (40,000 x 5) on the said account deserves to be awarded to the appellants. It is stated that the benefit of 25% of the income of the deceased for the purpose of future prospects has not been given and on the said account only a lump sum amount of Rs.1,00,000/- had been given. It is submitted that in case the future prospects @ 25% is considered, then, a total amount on the said aspect, to which the appellants should be entitled to, is Rs.2,63,250/- and thus, the appellants should be entitled to an additional compensation of Rs.1,63,250/- on the said account. It is further submitted that the appellants are thus entitled to a total additional compensation of Rs.3,63,250/- and interest @ 9% per annum be given. In support of his arguments, learned counsel for the appellants has relied upon the law laid down by the Hon'ble Supreme Court in cases titled as Sarla Verma (Smt.) and others Vs. Delhi Transport Corporation and another reported as (2009) 6 SCC 121, National Insurance Company Limited Vs. Pranay Sethi and others reported as (2017) 16 SCC 680, and Magma General Insurance Company Limited Vs. Nanu Ram alias Chuhru Ram and others reported as (2018) 18 SCC 130

3. Learned counsel appearing for respondent No.3-Insurance Company, on the other hand, has submitted that the rate of interest which is sought to be claimed by the appellants is highly excessive and at best the interest that can be awarded on the additional compensation should be 6%

per annum.

4. This Court has considered the arguments raised on behalf of both the parties and has gone through the paper-book and is of the opinion that the amount of enhanced compensation claimed is in accordance with law and deserves to be allowed, except the rate of interest.

5. The Hon’ble Supreme Court in