CM-24027-CII-2014

1. This is an application under Section 5 of the Limitation Act read with Section 151 CPC for condonation of delay of 129 days in filing the appeal.

2. For the reasons stated in the application, which is supported by an affidavit, the application is allowed and delay of 129 days in filing the appeal is condoned.

Main case

1. The parents of the deceased Satish have filed the present appeal for enhancement of compensastion.

2. The Tribunal vide award dated 31.01.2013 had awarded an amount of Rs.3,04,500/- as compensation along with interest for the death of Satish which took place in a motor vehicular accident.

3. Learned counsel for the appellant has submitted that the claim petition in the present case was filed under Section 163-A of the Motor Vehicles Act, 1988 (hereinafter to be referred to as “1988 Act”) and the Tribunal had decided issue no.1 in favour of the claimants-appellants as it was proved that Satish had died on the intervening night of 15/16.04.2011 on account of use of Tata-407 bearing registration no.HR-39A-0384. It is submitted that in the said circumstances, the amount of compensation awarded is very meager. It is further submitted that the provisions of Section 163A of the 1988 Act have now been replaced with Section 164 of the 1988 Act and thus, the claimants are entitled to an amount of compensation of Rs.5,00,000/-. It is submitted that the Hon'ble Supreme Court in the case of “Ram Murti and others Vs. Punjab State Electricity Board, reported as 2023 ACJ 631, in similar facts and circumstances, was pleased to grant compensation of an amount of Rs.5,00,000/- in a case where the negligence of the driver of the offending vehicle was not proved. In the said case also, although the accident had taken place on 23.05.1991 and the award in the said case was passed on 12.04.1994, yet the Hon'ble Supreme Court had given the benefit of the beneficial provisions of Section 164 of the 1988 Act, which provision had been incorporated by the Act 32 of 2019. It is submitted that in view of the same, the said amount be paid along with interest to the claimants from the date of the application till the date of the actual payment. It is submitted that the present case be treated as a case under Section 164 of the 1988 Act as amended.

4. Learned counsel for respondent no.3 has submitted that the amount awarded by the Tribunal is an adequate amount and the same does not deserves to be enhanced.

5. This Court has heard learned counsel for the parties and has perused the paper book.

6. This Court in case bearing No.FAO-247-1991 titled as “Sushma Devi and others Vs. Tarlochan Singh and others” decided on 03.09.2024 while considering the case of no fault liability had, by placing reliance upon the judgment of the Hon’ble Supreme Court in case of Ram Murti and others (Supra), directed the Insurance Company to pay an amount of Rs.5,00,000/- to the claimants along with the interest at the rate of 7.5% per annum from the date of filing the claim petition till its actual payment. Relevant portion of the said judgment passed in the case of Sushma Devi and others (Supra) is reproduced hereinbelow:-

“6. Section 140 of the Motor Vehicles Act, 1988, which was in force on the date of the accident i.e. 04.12.1989 provided that the compensation to the extent of Rs.25,000/- would be payable in the case of death of a person and in such a situation, the claimant was not required to plead and establish that the death or permanent disablement in respect of which the claim had been made was due to any wrongful act, negligence or default of the owner of the offending vehicle or vehicles concerned or any other person. The said Section 140 of the Motor Vehicles Act, 1988 was amended in the year 1994 and the amount payable in the case of death was enhanced to Rs.50,000/-. The relevant portion of amended Section 140 of the Motor Vehicles Act, 1988 is reproduced as under: -

“140. Liability to pay compensation in certain cases on the princ