IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

1 The date when the judgment was reserved 16.03.2026 2 The date when the judgment is pronounced 22.04.2026 3 The date when the judgment is uploaded on the website 24.04.2026

4 Whether only operative part of the judgment is pronounced Full or whether the full judgment is pronounced

5 The delay, if any, of the pronouncement of full judgment Not and reasons thereof. applicable KAVITA AND ANOTHER ….Appellants Vs.

ARUN AND OTHERS …Respondents CORAM: HON’BLE MR. JUSTICE HARKESH MANUJA Present: Mr. Sushil Sheoran, Advocate for the appellants.

Mr. Sandeep Raj Duggal, Advocate for respondent No. 3/Insurance Company.

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HARKESH MANUJA, J.

1. By way of present appeal, challenge has been laid to an award dated 03.04.2024 passed by the learned Motor Accident Claims Tribunal, Bhiwani (for brevity, “the Tribunal”), whereby an amount of Rs. 15,61,760/- was awarded as compensation to the appellants/claimants along with interest @ 9% per annum from the date of filing of claim petition till its realization on account of death of Shiva in a motor vehicular accident, occurred on

17.07.2021.

2. As sole issue for determination in the present appeal is confined to quantum of compensation awarded by the Tribunal, a detailed narration of facts of the case is not reproduced herein for the sake of brevity.

ARGUMENTS ON BEHALF OF LEARNED COUNSEL FOR THE APPELLANTS/CLAIMANTS.

3. Learned counsel for the appellants contended that the impugned award passed by the learned Tribunal was contrary to the settled principles governing assessment of compensation and was liable to be enhanced. It was argued that the Tribunal gravely erred in assessing the income of deceased at a meager rate on the basis of DC rates, ignoring cogent evidence on record establishing that the deceased was a self-employed shopkeeper earning substantially higher income, as specifically pleaded and proved. He further submitted that the Tribunal further failed to apply settled principles of law governing computation of compensation, particularly with respect to addition towards future prospects, application of appropriate multiplier, and grant of just compensation under conventional heads such as loss of consortium, loss of estate and funeral expenses. Lastly, it was urged that the rate of interest awarded was equally unjust and contrary to settled judicial precedents, therefore, he prayed that the award of the Tribunal be suitably modified in accordance with law.

ARGUMENTS ON BEHALF OF LEARNED COUNSEL FOR RESPONDENT No. 3/INSURANCE COMPANY.

4. Per contra, learned counsel representing the respondent No. 3/Insurance Company, neither refuted the factum of accident nor even the negligence of the offending vehicle, however submitted that in the facts and circumstances of the present case, the compensation assessed by the learned Tribunal called for no interference.

DISCUSSION AND REASONING

5. I have heard learned counsel for the parties and perused the paper- book of the case. I find substance in the arguments advanced by the learned counsel for the appellants/claimants.

QUESTION OF INCOME ASSESSED

6. In the present case, a perusal of the deposition of Smt. Kavita, mother of deceased, reveals that the deceased was earning Rs. 50,000/- per month as he was engaged in the business of selling of cold drinks, juices snacks etc. However, in her cross-examination, she admitted that no documentary proof of such income was available on record. It further emerged from the evidence that the owner of the premises also deposed that Shiva (since deceased) was running a shop under the name and style of M/s Shiva Fast Food and Juice in the said rented premises.

6.1 From the reading of deposition of the mother of the deceased, it is evident that the learned counsel representing the Insurance Company failed to impeach her credibility. In villages, people are self-employed in the unorganized sector and the aforementioned shop was a part thereof. Therefore, the learned Tribunal e