IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 09.09.2025 Pronounced on: 15.10.2025

1. FAO No.5639 of 2014 (O&M)

SHRI RAM GENERAL INSURANCE CO. LTD. ….Appellant VS.

KAMLESH AND OTHERS ….. Respondents

2. FAO No.1957 of 2015 (O&M)

SMT. KAMLESH AND OTHERS …..Appellants VS.

SHRI RAM GENERAL INSURNACE CO. LTD. & ANR. …..Respondents CORAM: HON’BLE MR. JUSTICE HARKESH MANUJA Present: Mr. Sanjeev Goyal, Advocate for the appellant in FAO No. 5639 of 2014 and for respondent No.1 in FAO No.1957 of 2015.

Mr. Surinder Gaur, Advocate for respondent Nos.1 to 5 in FAO No. 5639 of 2014 and for the appellants in FAO No. 1957 of 2015.

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HARKESH MANUJA, J.

CM No. 15691-CII of 2014 in FAO No. 5639 of 2014 For the reasons stated in the application, sufficient cause is made out for condoning the delay, as such, the same is allowed. The delay of 6 days in filing the present appeal is condoned.

CM No. 6161-CII of 2015 in FAO No. 1957 of 2015 Prayer in the present application moved on behalf of the applicants-

appellants, is for condonation of delay of 149 days in filing the appeal.

Notice of the application.

Learned counsel appearing on behalf of respondent No.1/Insurance Company accepts notice and does not oppose to the prayer made in the application.

Upon hearing learned counsel for the parties and considering the averments made in the application, which is duly supported by an affidavit, the same is allowed. The delay of 149 days in filing the present appeal is condoned.

FAO Nos. 5639 of 2014 and 1957 of 2015 (O&M)

[1]. Vide this common judgment, the above noted two appeals, bearing FAO Nos. 5639 of 2014 and 1957 of 2015 are being decided as both the appeals lay challenge to the common Award dated 23.04.2014 passed by Learned Motor Vehicle Accident Claim Tribunal, Rohtak (hereinafter referred to as “the Tribunal”), whereby an amount of Rs.11,35,000/- was awarded as compensation to the appellants/claimants in FAO No. 1957 of 2015 along with interest @ 7% per annum. However, facts are being culled out from FAO No. 1957 of 2015 for reference.

[2]. A claim petition came to be filed at the instance of appellants/claimants before the Ld. Tribunal, praying for grant of compensation along with interest @ 18% per annum on account of death of Satyawan i.e. husband of appellant No. 1 in a vehicular accident which took place on 23.09.2012 while alleging rash and negligent driving of respondent No.2/driver.

[3]. Learned Tribunal after appraisal of evidence on record held that the accident occurred due to rash and negligent driving of respondent No.2-driver and after assessing income of deceased @ Rs.6,000/- per month, awarded compensation in the following manner:-

S.No. Heads of claim Amount (in Rs.)

1. Annual income of Deceased Rs. 72,000/- 2. Deduction (1/4^th) Rs. 18,000/-

3. Multiplier 15

4. Loss of Dependency Rs. 8,10,000/- 5. Loss of love and affection to Rs. 2,00,000/-

petitioner No. 2 & 3 (Rs.1,00,000/-

each)

6. Loss of consortium to petitioner No. Rs. 1,00,000/-

1

7. Funeral expenses Rs. 25,000/-

Total Rs. 11,35,000/-

Further, liability was fastened upon driver-cum-owner and the Insurer of the offending vehicle jointly and severally, but was to be indemnified by the Insurance Company and the compensation amount was ordered to be disbursed in the following manner:-

Claimant Nos. 4 & 5 (parents of deceased) Rs. 1,50,000/- each Claimant Nos. 2 & 3 (minors) Rs. 1,50,000/- each + Rs.

(compensation + loss of love and affection) 1,00,000/- each Claimant No. 1 (compensation + loss of Rs. 2,35,000/- + Rs.

consortium) 1,00,000/-

[4]. Being aggrieved of the Award dated 23.04.2014 passed by learned Tribunal, the present appeals were preferred by the appellants/claimants for setting aside the Award as well as for enhancement of compensation and simultaneously by the appellant-respondent/Insurance Company for reduction of compensation. Facts as specified in the claim petition about the manner of accident and the issue regarding negligence of the driver have been recorded in fa