IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision: 04.03.2025 USHA RANI AND ORS. ......Appellant(s)

Vs.

AMRIK SINGH AND ORS. ......Respondent(s)

CORAM: HON'BLE MRS. JUSTICE SUDEEPTI SHARMA Present: Mr. R.S. Mamli, Advocate for the appellants.

Mr. Namit Khurana, Advocate for respondent No.1.

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

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SUDEEPTI SHARMA J.

1. The present appeal has been preferred against the award dated 15.12.2005 passed in the claim petition bearing MACT No. 68 of 2004 filed under Section 163-A of the Motor Vehicles Act, 1988 by the learned Motor Accident Claims Tribunal Yamuna Nagar at Jagadhri (for short, 'the Tribunal') for enhancement of compensation granted to the claimants/appellants on account of death of Pyare Lal who died in a motor vehicular accident, occurred on 14.07.2004, whereby, the claimants/appellants were granted compensation to the tune of Rs.2,80,200/- alongwith interest @ 7.5% per annum.

2. As sole issue for determination in the present appeal is confined to quantum of compensation awarded by the learned Tribunal, a detailed narration of the facts of the case are not reproduced for the sake of brevity.

SUBMISSIONS OF THE LEARNED COUNSELS FOR THE PARTIES

3. Learned counsel for the claimants-appellants has made the following submissions:-

i) That the amount assessed by the learned Tribunal is on the lower side.

ii) That Section 163-A of Motor Vehicles Act, 1988 is now substituted by Section 164 of Motor Vehicles Act, 1988 (Act 32 of 2019 w.e.f 01.04.2022) and compensation should be enhanced as per the substituted statutory provision i.e. Section

164 of the Act.

iii) That the present case is covered by the judgment rendered by this Court in FAO No.4301 of 2006, titled as “Akaljit Kaur and Others Vs. Parveen Kumar and Others.” wherein the claim under Section 163-A of the Motor Vehicles Act, 1988 was converted to Section 164 of Motor Vehicles Act, 1988 (Act 32 of 2019 w.e.f 01.04.2022) by relying upon the judgment of Hon’ble Supreme Court in the case of Ram Murti and others Vs. Punjab State Electricity Board [2022(4) TAC 738] wherein it was held that Section 164 of the Motor Vehicles Act, 1988 (Act 32 of 2019 w.e.f 01.04.2022) provides for payment of compensation in case of death in the amount of Rs.5 lakh and in the case of grievous hurt of Rs.2.5 lakh.

4. Per contra, learned counsel for the respondent-Insurance Company, however, vehemently argues that the award has rightly been passed and the amount of compensation as assessed by the learned Tribunal has rightly been granted. He prays for dismissal of appeal.

5. I have heard learned counsel for the parties and perused the whole record of this case.

6. A perusal of the award indicates that in the present case, the claimants/appellants filed the claim petition seeking compensation on account of death of Pyare Lal who was aged about 27/28 years at the time of accident. Since Section 163-A of Motor Vehicles Act, 1988 is now substituted by Section 164 of Motor Vehicles Act, 1988 (Act 32 of 2019 w.e.f 01.04.2022), compensation is liable to be enhanced as per the substituted statutory provision i.e. Section 164 of the Act, therefore, the appellants herein are entitled to be granted the benefit of beneficial provision enacted by the Parliament under Chapter 11 of which Section 164 provides for payment of compensation in case of death in the amount of Rs.5 lakhs and in case of grievous hurt of Rs.2.5 lakhs.

7. Further, this Court in FAO No.4301 of 2006, titled as “Akaljit Kaur and Others Vs. Parveen Kumar and Others” held as under:-

“11. Hon’ble Supreme Court in the case of Ram Murti and others Vs. Punjab State Electricity Board [2022(4) TAC 738] held that the appellants therein to be granted the benefit of beneficial provision enacted by the Parliament under Chapter 11 of which Section 164 provides for payment of compensation in the case of death in the amount of Rs.5 lakhs and in the case grievous hurt of Rs.2.5 lakhs.

12. This