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FAO-2579-2010 Page 1 of 8

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

213

FAO-2579-2010(O&M)

Date of decision: 28.04.2026

Rina & Another

...Appellant(s)

Vs.

Rajesh Kumar & Others

...Respondent(s)

***

CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA

Present:- Mr. Gurasis Singh, Advocate for

Mr. Saurabh Dalal, Advocate for the appellants.

***

NIDHI GUPTA, J.

Present appeal has been filed by the claimants seeking

enhancement of compensation of Rs.4,08,000/- awarded by the Motor

Accident Claims Tribunal, Rohtak (hereinafter ‘the learned Tribunal’) vide

Award dated 04.04.2009 passed in MACT Case No.33 dated 01.03.2008

filed under Section 163-A of Motor Vehicles Act (hereinafter “the Act”). The

4 claimants before the learned Tribunal were the parents and brothers of

deceased Anil, who was between 20-25 years old at time of accident.

Present appeal has been filed by the pro-forma respondents No.4 and 5 in

the Claim Petition; who are the wife and minor daughter of deceased Anil.

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 Anil had died due to the injuries suffered by

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2026.04.30 11:27

I attest to the accuracy and

integrity of this document

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him in a motor vehicular accident that took place on 18.01.2008 due to the

rash and negligent driving of Truck bearing registration No.HR-46-B-3142

(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 amount.

3. Learned counsel for the appellants seeks enhancement of

compensation by submitting that income of the deceased has been taken on

the lower side. Compensation under the various heads has been awarded on

the lower side. Multiplier of 17 has also been applied on the lower side.

Interest has also been awarded on the lower side. It is accordingly prayed

that the present appeal be allowed and compensation of Rs.10 lakh be

awarded to the appellants.

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. In a Claim Petition filed under Section 163-A of the Act, the

compensation has to be paid as per the structured formula stipulated in the

Second Schedule to the Act. In a Claim Petition under Section 163-A of the

Act, the claimants are only required to prove the involvement of the

offending vehicle in the accident in question. Accordingly, all the evidence is

SUNENA

2026.04.30 11:27

I attest to the accuracy and

integrity of this document

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led by the parties to only prove the involvement of the vehicle. Whereas, in

a claim petition filed under section 166, evidence is to be led by the claimant

to prove the rash and negligent driving of the offending vehicle by the

respondent. Accordingly, a three-Judge Bench of the Hon’ble Supreme Court

in Deepal Girishbhai Soni v. United India Insurance Co. Ltd., (SC) : Law Finder

Doc ID # 70466, has categorically held that:-

“Motor Vehicles Act, 1988, Sections 163A and 166 - Alternate

remedy - Switching over to Section 166 after exercising one

under section 163A - Not permissible - Remedy under the no

fault liability prescribed under Section 163A is an independent

and complete in itself - It is not an interim relief or temporary

remedy subject to any other relief under the Act and cannot be

clubbed or adjusted in the remedy to claim under section 166 -

It is only the relief under section 144 which is interim in nature

and is adjustable at the time of final decision of regular petition

- The object and purpose of incorporating Section 163A was to

provide a speedy remedy to the victims or their dependents but

has been made final and ab