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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

111+213

FAO-7102-2016 (O&M)

Date of decision: 10.05.2023

Bhola Ram

...Appellant(s)

Vs.

United India Insurance Co. Ltd. & Others

...Respondent(s)

CORAM:

HON’BLE MS. JUSTICE NIDHI GUPTA

Present:-

Mr. Ashok Bhardwaj, Advocate

for the appellant.

***

NIDHI GUPTA, J.

CM-3281-CII-2022

This is an application under Order 22 Rule 3 of Code of

Civil Procedure, 1908 for impleading legal representatives of (now

deceased) appellant-Bhola Ram.

After going through the contents of the application, the

same is allowed subject to all just exceptions, and Amended Memo of

Parties is taken on record.

MAIN APPEAL

Present appeal has been filed by the claimant seeking

enhancement of compensation of Rs.4,01,000/- granted by Motor

Accident Claims Tribunal, Sangrur (hereinafter referred to as “the

learned Tribunal”) vide Award dated 22.03.2016 passed in MACT No.134

of 01.07.2015 filed under Section 166 of the Motor Vehicles Act, 1988

(hereinafter referred to as “the Act”). The claimant is the father of

SUNENA

2023.05.24 16:19

I attest to the accuracy and

authenticity of this document

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deceased-Kulwinder Kumar @ Monu who was about 23 years of age at

the time of death.

2.

It is stated by learned counsel for the appellant that

during pendency of this appeal, appellant-Bhola Ram has expired on

30.11.2018 and his LRs, who are the four sisters and two brothers aged

41, 35, 36, 37, 34 and 32 years respectively of deceased-Kulwinder

Kumar

@

Monu,

have

now

been

brought

on

record

as

claimants/appellants.

3.

Brief facts of the case are that the learned Tribunal on

the basis of pleadings and evidence adduced before it concluded that

deceased-Kulwinder Kumar @ Monu had died due to injuries suffered by

him in a motor vehicular accident that took place on 27.04.2015 at

about 1:30 pm due to rash and negligent driving of car bearing

registration No.PB-31K-1419 (hereinafter referred to as “the offending

vehicle”) being driven by respondent No.2, owned by respondent No.3

and insured by respondent No.1. Learned Tribunal awarded

compensation as above along with interest @ 7.5% per annum from the

date of claim petition till realisation of the amount.

4.

As the claimant was proven to be not a dependent on

the income of the deceased, learned Tribunal granted compensation of

Rs.50,000/- as statutory compensation provided under Section 140 of

the Act under No Fault Liability clause. Learned Tribunal further granted

Rs.2,66,169/- as reimbursement for medical bills (Exhibit A1 to Exhibit

SUNENA

2023.05.24 16:19

I attest to the accuracy and

authenticity of this document

2023:PHHC:067842 Page 3 of 6

A92); Rs.25,000/- for funeral charges; Rs.50,000/- for love & affection;

and Rs.10,000/- for travelling.

5.

Learned

counsel

for

the

appellant(s)

seeks

enhancement of compensation on the ground that learned Tribunal was

in error in granting compensation only under the No Fault Liability as,

under Section 166 of the Act, ‘legal representatives’ are entitled to file

claim petition. It is submitted that in the present case, learned Tribunal

is in error in not assessing income of the deceased in accordance with

law and therefore, the impugned Award deserves to be set aside.

Learned counsel relies upon judgment of this Court in Ikattar Singh &

Another Vs. Dalvir Singh & Others FAO-4738-2014 decided on

11.04.2016.

6.

No other argument is raised on behalf of the appellant.

7.

I have heard learned counsel for the appellant.

8.

Perusal of impugned Award reveals that it is admitted

on record that at the time of death of the deceased-Kulwinder Kumar @

Monu, claimant-Bhola Ram was an employee in Electricity Board and

was fetching a salary of Rs.32,000/- per month.

9.

Even in Para 8 o