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FAO-845-2023 Page 1 of 6 (cid:1)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

131 FAO-845-2023(O&M)

Date of decision: 17.04.2026 United India Insurance Company Ltd.

...Appellant(s)

Vs.

Kanta Devi & Others ...Respondent(s)

***

CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Raj Kumar, Advocate

for the appellant (on VC).

Mr. Anil Kumar Spehia, Advocate for respondents No.1 to 3.

***

NIDHI GUPTA, J.

Present appeal has been filed by the Insurance Company laying

challenge to the Award dated 18.10.2022 passed by Motor Accident Claims Tribunal, Jalandhar (hereinafter ‘the learned Tribunal’) in MACP 188 dated 07.08.2018 filed by the claimants/respondents No.1 to 3 herein under Section 166 of Motor Vehicles Act (hereinafter “the Act”); whereby compensation of ₹22,98,000/- has been awarded to the claimants. The 3 claimants are the 40-year-old mother, 21-year-old brother, and 19-year-old sister of deceased Sanjiv Kumar, who was 24-25 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,

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concluded that deceased Sanjiv Kumar had died due to the injuries suffered by him in a motor vehicular accident that took place on 09.01.2017 due to the rash and negligent driving of Tractor bearing registration No.PB-08-CH- 4154 (hereinafter “the offending vehicle”) being driven by respondent No.4, owned by respondent No.5 and insured by the appellant. The said compensation has been awarded along with interest @ 7.5% per annum.

The liability to pay the compensation amount was upon the appellant.

3. Learned counsel for the appellant submits that the impugned Award deserves to be modified in view of the fact that the learned Tribunal has awarded excessive compensation to the claimants. It is submitted that the learned Tribunal has assessed monthly income of the deceased as Rs.15,000/- per month; whereas as per the Salary Certificate (Ex.C3) produced by the claimants, gross salary of the deceased was Rs.12,500/- per month. It is submitted that therefore, the learned Tribunal has committed grave error in misreading the evidence on record by taking

income of the deceased on the higher side.

4. Ld. counsel further very fairly submits that nothing has been awarded by way of consortium to claimant No.1/mother. It is accordingly

prayed that the Award be modified as above in accordance with law.

5. Per contra, ld. counsel for the respondents No.1 to 3/claimants submits that deduction of 50% made towards personal expenses is on the higher side. Future prospects have been added @ 40% on the lower side. It

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is submitted that adequate compensation has not been awarded to the

claimants. It is accordingly prayed that the same be enhanced.

6. No other argument is made on behalf of the parties. I have heard learned counsel and perused the case file in detail. I find merit in the

submissions advanced on behalf of the appellant/Insurance Company.

7. Perusal of record of the case shows that it was the pleaded case of the claimants before the learned Tribunal that prior to the accident, the deceased was working as Driver with PHF Leasing Limited and was drawing salary of Rs.15,000/-. The claimants had examined CW1 Gurpreet Singh, Office Executive at PHF Batala; who had proved Salary Certificate of the deceased as Ex.C3; copy of Attendance Register of deceased as Ex.C4; and copy of Driving Licence of deceased as Ex.C5. On the basis of the said evidence, the learned Tribunal in Para 13 of the impugned Award has noted that “Thus, it has been proved on record that the monthly salary/income of deceased Sanjiv Kumar was Rs.15,000/-.” However, it is not disputed by learned counsel for the claimants that as per Ex.C3 (appended