IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

262 FAO-2763-2017 Judgment reserved on 07.08.2025 Judgment pronounced on 02.09.2025 NATIONAL INSURANCE CO. LTD. ... APPELLANT VERSUS KULDEEP KAUR AND ORS ...RESPONDENTS AND FAO-6868-2017 (O&M)

KULDEEP KAUR AND OTHERS ... APPELLANTS VERSUS BALWINDER KUMAR ALIAS SONU AND OTHERS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE PARMOD GOYAL Present: Mr. Vinod Gupta, Advocate and Mr. Didar Singh, Advocate for the Insurance Company.

Mr. Anil Kumar Spehia, Advocate for the claimants.

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PARMOD GOYAL, J.

1. This common order shall dispose of two FAOs, one preferred by claimants and another preferred by the respondent-Insurance Company, against the award dated 23.12.2016 passed by the Court of Motor Accident Claims Tribunal, Jalandhar (hereinafter referred as 'Tribunal') whereby claim petition preferred by claimants was allowed and claimants were held entitled to total compensation of Rs. 11,45,000/- along with interest at the rate of 7.5% per annum from the date of filing of the claim petition till realization.

2. On the one hand, claimants are aggrieved by amount of compensation awarded to them on the ground that it is not as per law as future prospects, deduction on account of personal expenses and multiplier as well as compensation awarded under other heads, have not been awarded properly. It is the case of the claimants that Tribunal has erred in not granting compensation towards future prospects, especially when deceased was 20 years old. Similarly, Tribunal has erred in taking 50% as personal expenses, when the claimants were 3 in number i.e. mother and minor sisters. Award of multiplier of 17 was stated to be erroneous as deceased was 20 years and multiplier of 18 has been sought. It is asserted that no proper compensation towards loss of estate and consortium has been awarded as well as towards loss of love and affection towards claimants.

3. On the other hand, appellant-Insurance Company has challenged award passed by Motor Accident Claims Tribunal on the ground that learned Tribunal had not taken in consideration the fact that it was tractor alone which was insured with insurance company whereas accident was caused by tractor-

trolley and no separate premium for trolley was paid.

4. From the pleadings of respective parties, the following issues were framed:-

“1. Whether Jaspal alias Jaspal Singh died in a motor vehicle accident which took place on 27.8.2015 at about 8.40 p.m. in the area near Bus Stand Shahkot District Jalandhar on account of rash and negligent driving of Balwinder Kumar alias Sonu respondent no.1 being driver of tractor trolley bearing registration No.PB-08-CB-3990?OPP

2. Whether the claimants being legal representatives of deceased Jaspal alias Jaspal Singh are entitled to compensation, if so, how much and from whom? OPP

3. Whether the respondent no.1-Balwinder Kumar being driver of tractor trolley bearing registration No.PB-08-CB-3990 was not holding a valid and effective driving licence at the time of alleged accident? OPR No.3.

4. Whether the present claim petition is bad for non-joinder and mis-joinder of necessary parties? OPR

5. Relief.”

5. Issue Nos. 1 and 2 were decided in favour of claimants. Issue No. 3 was decided in favour of respondent No. 3. Issue No. 4 was also decided against the respondents and claimants were awarded total compensation of Rs. 11,45,000/-

along with interest @ 7.5% per annum.

6. Following compensation has been awarded to claimants:

7. The finding on issue No. 1 regarding rash and negligent driving on the part of respondent No. 1-driver was also challenged on the ground that no number of tractor was mentioned in FIR and tractor was also involved in another case against which FAO No. 1862 of 2017 titled as National Insurance Company Limited Vs. Manjit Kaur and others is pending and driver of motorcycle, who was also injured was not examined by the claimants. It was asserted that learned Tribunal has failed to take in consideration the fact that