##PAGE1##

FAO-2919-2025 Page 1 of 5

(cid:1)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

123

FAO-2919-2025(O&M)

Date of decision: 23.04.2026

Mamta Bansal & Others

...Appellant(s)

Vs.

Rakesh Kumar & Others

...Respondent(s)

***

CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA

Present:- Ms. Kritika Mandhan, Advocate

for the appellants.

***

NIDHI GUPTA, J.

Present appeal has been filed by the claimants seeking

enhancement of compensation of Rs.18,66,792/- awarded by the Motor

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

Award dated 04.02.2025 passed in CIS No.MACP 102 dated 07.03.2022 filed

under Sections 166 and 144 of Motor Vehicles Act (hereinafter “the Act”).

The 5 claimants are the widow, two daughters, one son and mother of

deceased Bhagirath, who was 42 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 Bhagirath had died due to the injuries

suffered by him in a motor vehicular accident that took place on 04.01.2022

due to the rash and negligent driving of Car bearing registration No.HR-39B-

SUNENA

2026.04.24 14:01

I attest to the accuracy and

integrity of this document

(cid:1)

FAO-2919-2025 Page 2 of 5

(cid:1)

5688 (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 not been

properly assessed and has been taken on the lower side. Multiplier has also

been applied on the lower side. Less income has been added on account of

future prospects. Interest should have been 12%. It is accordingly prayed that

the present appeal be allowed and impugned Award be modified.

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. Perusal of record of the case shows that it was the pleaded case

of the appellants before the learned Tribunal that prior to the accident,

deceased was working as a Munim with M/s Subhash Chander Bhagirath Mal,

Shop No.51, New Grain Market/Firm and drawing salary of Rs.35,000/- per

month. To prove their contention, the claimants had produced Salary Record

of the deceased for the period 01.07.2021 to 31.03.2022 (Ex.P1); Profit and

Loss Account Statement of the Firm (Ex.P2); Registration Form of the Firm

(Ex.P3) and Tax Audit Report (Ex.P13). The claimants had also examined PW2

SUNENA

2026.04.24 14:01

I attest to the accuracy and

integrity of this document

(cid:1)

FAO-2919-2025 Page 3 of 5

(cid:1)

Priyank Tayal, to prove the above-said documents. However, it is admitted

fact on record that the said alleged salary of Rs.35,000/- per month was

stated to have been paid to the deceased in cash. Even no supportive

documentary evidence in the form of receipt, register of the Firm, or any

other record of the Firm proving payment of salary of Rs.35,000/- per month

to the deceased was produced. This fact has been admitted by PW2 in his

cross-examination that “he has not brought any record which was being

maintained by the firm regarding salary of Bhagirath”. Learned Tribunal has

also rejected the Tax Audit Report (Ex.P13) of the Firm on the ground that

the said Report had been filed on 21.08.2022 i.e. after the accident dated

04.01.2022. As such, the same had no relevance to the employment record

of the deceased. Even no bank account statement of the deceased was

produced to prove payment of ₹35,000/– as salary per month. Accordingly,

in the absence of any credible evidence, learned Tribunal had taken income

of the deceased as Rs.10,100/- per month as that of an unskilled labourer on

the basis of the relevant Minimum Wag