Compensation in motor accident claims cannot be enhanced without documentary evidence of income. Furthermore, for bachelors, a 50% deduction for personal expenses and 40% addition for future prospects must be applied as per the Sarla Verma guidelines.

NIDHI GUPTA, J.

CM-7257-CII-2023

1. Prayer in this application filed under Section 5 of the Limitation Act, 1963 is for condonation of delay of 490 days in filing the accompanying appeal.

2. The reasons given by the applicant/appellants in the application seeking condonation of delay of 490 days are:-

“2. That infact the Appellant/ Claimant being a commoner was not aware of his right to file appeal before this Hon’ble Court, it is only when he had got in touch with the undersigned counsel, he was informed that he had the right to file the Appeal for enhancement.

3. That in fact, this Hon'ble High Court vide order dated 16.10.2019, have given liberty to the appellants to file an application before this Hon'ble Court if they have any grievance to express as such order was passed without giving notice to the present appellants.”

3. It is misleading statement in para No. 3 of the above said application. Liberty to file appropriate application was granted in FAO- 6276-2019 vide order dated 16.10.2019. However, present FAO has been filed on 03.02.2023 i.e. 04 years thereafter. Thus, the above said reasons do not constitute sufficient ground for condonation of extraordinary and inordinate delay of 480 days.

4. Hence, the present application is dismissed.

FAO-2063-2025

1. The appellant-claimants have filed the present appeal seeking enhancement of the compensation amount of ₹17,78,000/- awarded by the learned Motor Accident Claims Tribunal, Sangrur (for short-‘the learned Tribunal) vide impugned Award dated 03.08.2019, passed in MACT Case No. 18 dated 21.09.2018 filed under Section 166 of the Motor Vehicles Act, 1988. The 02 claimants are the parents of deceased Jaspinder Singh, who was aged 22 years at the time of accident.

2. Brief facts of the case are that the learned Tribunal on the basis of pleadings and evidence adduced before it, concluded that the deceased- Jaspinder Singh had died due to the injuries suffered by him in a motor vehicular accident that took place on 31.08.2018 due to rash and negligent driving of a Trolla bearing registration No. HR-38-W- 9678 (for short-‘the offending vehicle’) being driven by respondent No.1; owned by respondent No.2; and insured by respondent No. 3. Learned Tribunal awarded the above said compensation along with interest @ 9% per annum. All the respondents were held jointly and severally liable to pay the 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 as only ₹8,000/- per month. It is submitted that at the time of accident, deceased was an agriculturist and also doing Dairy Faming; and was earning ₹25,000/- per month. The deceased was also doing B.A. from Guru Nanak College Budhlada. Thus, income of the deceased deserves to be enhanced.

4. It is further submitted that there has been gross error by the learned Tribunal in the compensation awarded to the appellants which is very meagre. It is contended that the appellants, who are the parents of the deceased, were fully dependent on their son and had great expectations from him. Due to his sudden demise, they had suffered irreparable loss. It is accordingly prayed that the present Appeal be allowed; the Award be modified and compensation be enhanced.

5. Per contra, learned counsel for the respondent-Insurance Company opposes submissions of the appellants and submits that there is no scope o