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FAO-1758-2023 Page 1 of 5 (cid:1)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

122 FAO-1758-2023(O&M)

Date of decision: 09.04.2026 Om Parkash & Another

...Appellant(s)

Vs.

Gajender Singh & Others ...Respondent(s)

***

CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Vijay Sangwan, Advocate

for the appellants.

***

NIDHI GUPTA, J.

CM-6580-CII-2023

This is an application under Section 5 of Limitation Act for

condonation of delay of 41 days in filing the appeal.

After going through the contents of the application, which is

supported by affidavit of the appellant No.1, the same is allowed subject to

all just exceptions and delay of 41 days in filing the appeal is condoned.

MAIN CASE

Present appeal has been filed by the claimants seeking

enhancement of compensation of Rs.24,50,000/- awarded by the Motor Accident Claims Tribunal, Narnaul (hereinafter ‘the learned Tribunal’) vide Award dated 08.09.2022 passed in MACP CIS No.511 dated 23.10.2019 filed under Section 166 of the Motor Vehicles Act (hereinafter “the Act”). The 3 claimants are the 53-year-old father, 50-year-old mother and 19-year-old

SUNENA

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FAO-1758-2023 Page 2 of 5 (cid:1)

brother of deceased Ashu Aggarwal, who was 27 years old at time of

accident.

2. Brief facts of the case are that the ld. Tribunal on the basis of pleadings and oral & documentary evidence adduced by the parties, concluded that the deceased Ashu Aggarwal had died due to the injuries suffered by him in a motor vehicular accident that took place on 30.07.2019 due to the rash and negligent driving of Car bearing registration No.HR-35G- 1001 (hereinafter “the offending vehicle”) being driven by respondent No.1, owned by respondent No.2 and insured by respondent No.3. The said compensation has been awarded along with interest @ 7.5% per annum. Respondents were held jointly and severally liable for payment of

compensation.

3. Learned counsel for the appellants seeks enhancement of compensation by submitting that whole approach of the learned Tribunal is totally wrong and arbitrary. Learned Tribunal has completely failed to appreciate the evidence in this case and the Award passed by learned Tribunal is liable to be set aside. The learned Tribunal has grossly erred by passing impugned judgment which is totally based on conjectures and is liable to be set aside. It is accordingly submitted that “the present appeal may kindly be allowed and the award dated 08.09.2022 passed by learned Motor Accident Claims Tribunal, Narnaul may kindly be set-aside and the claim

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petition filed by the appellants may kindly be accepted, in the interest of

justice.”.

4. No other argument is made on behalf of the appellants. I have heard learned counsel and perused the case file in detail. I find no merit in

the submissions advanced on behalf of the appellants.

5. At the outset, it may be pointed out that prayer in the present Grounds of Appeal is for “setting aside” the impugned Award. No prayer has been made for enhancement of compensation. For this short reason, no ground is made out for enhancing the compensation already paid to the

appellants.

6. Even otherwise, record reveals that no ground is made out for enhancement of compensation. As per the claimants, the deceased was running a shop of photostat and lamination, etc. and was earning Rs.40,000/- per month. To prove their said contention, the appellants had produced “PW3, Jai Parkash, Senior Tax Inspector has brought the summoned record and proved the Income Tax Return of Ashu Aggarwal as Ex.P1 to Ex.P7. A perusal of Income Tax Returns Ex.P1 to Ex.P7 shows that deceased Ashu Aggarwal was continuing filed his income tax returns. Ex.P6 is related to Assessment Year 2018-19 which was filed by deceased on 31.8.2018. Ex.P7 is related to Assessment Year 2019-20 which was filed on