Punjab-Haryana High Court
Amit Kumar And Ors vs Jagdish And Anr on 21 November, 2024
Author: Sudeepti Sharma
Bench: Sudeepti Sharma
Neutral Citation No:=2024:PHHC:155714
FAO. 3058-2007
2007 (O&M) -1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
FAO-3058-20077 (O&M)
Date of Decision: November 21, 2024
Master Amit Kumar and others ......Appellant(s)
Vs.
Jagdish and another ......Respondent(s)
CORAM: HON'BLE MRS. JUSTICE SUDEEPTI SHARMA
Present: Mr. J.P. Sharma,, Advocate for the appellant
appellants.
Mr. Vipul Sharma, Advocate
for Mr. Paul S. Saini, Advocate
for respondent No. 2- Insurance Company.
***
SUDEEPTI SHARMA J.
1. This is an old matter pertaining to the year 2006 but no one has put in appearance on behalf of the Insurance Company.
2. Previously vide order dated 18.07.2024 in FAO No.1682 of 2007, this Court had already issued directions to the Insurance Companies that in the event, any of their empanelled counsel fails to appear, the Court would request the counsel empanelled with the Insurance Companies, who is present in the Court to assist in the matters. Further, Fur the he concerned Insurance Companies were directed to disburse the current scheduled fees to the counsel engaged by this Court for assisting in the matters, within a period of 10 days from the date of receipt of certified copy of this order.
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3. On the asking of the Court, Mr. Paul S. Saini Saini,, Advocate accepts notice on behalf of respondent-Insurance respondent Company.
4. Learned counsel for the appellants appellant has handed over copy of the paper-
paper book alongwith relevant record to the learned counsel for respondent respondent- Insurance rance Company.
5. In view of the order dated 18.07.2024 passed in FAO No.1682 of 2007, the Insurance Company is directed to disburse the current scheduled fees to Mr. Paul S. Saini, Saini, Advocate, the counsel engaged by this Court in the present case. FAO No. 3058-2007 2007
6. The present appeal has been preferred against the award dated 14.12.2006 passed in the claim petition filed under Section 163-A of the Motor Vehicles Act, 1988 by the learned Motor Accident Claims Tribunal, Karnal (for short, 'the Tribunal') for enhancement of compensation granted to the claimants/appellants on account of death of Suresh Pal, who died in a motor vehicular accident occurred on 31.07.2002,, whereby the claimants/appellants were granted compensation ompensation to the tune of Rs.1,62,000/ Rs.1,62,000/- alongwith interest @ 7.5% % per annum.
7. As sole issue for determination in the present appeal is confined to quantum of compensation awarded by the learned Tribunal, a detailed narration of the facts of the case are not reproduced for the sake of brevity. SUBMISSIONS OF THE LEARNED COUNSELS FOR THE PARTIES
8. Learned counsel for the claimants-
claimants-appellants appellants has made the following submissions:-
i) That hat the amount assessed by the learned Tribunal is on the lower side.
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ii) That Section 163-A of Motor Vehicles Act, 1988 is now substituted by Section 164 of Motor Vehicles Act, 1988 (Act 32 of 2019 w.e.f 01.04.2022) and compensation should be enhanced as per the substituted statutory provision i.e. Section 164 of the Act.
iii) That the present case is covered by the judgment rendered by this Court in FAO No.4301 of 2006,, titled as "Akaljit Akaljit Kaur and Others Vs. Parveen Kumar and Others."
Others wherein herein the claim under Section 163 163-A A of the Motor Vehicles Act, 1988 was converted to Section 164 of Motor Vehicles Act, 1988 (Actt 32 of 2019 w.e.f 01.04.2022) by relying upon the judgment of Hon'ble Supreme Court in the case of Ram Murti and others Vs. Punjab State Electricity Board [2022(4) TAC 738] wherein herein it was held that Section 164 of the Motor Vehicles Act, 1988 (Act 32 of 2019 019 w.e.f 01.04.2022) provides for payment of compensation in case of death in the amount of Rs.5 lakhs and in the case of grievous hurt of Rs.2.5 lakhs.
9. Per contra, learned counsel for the respondent respondent-Insurance Insurance Company, however, vehemently argues that the award has rightly been passed and the amount of compensation as assessed by the learned Tribunal has rightly been granted.
10. I have heard learned counsel for the parties and perused the whole record of this case.
11. A perusal of the award indicates indicates that in the present case the claimants filed the claim petition seeking compensation on account of the death of Suresh Pal 3 of 6 ::: Downloaded on - 30-11-2024 08:53:07 ::: Neutral Citation No:=2024:PHHC:155714 FAO. 3058-2007 2007 (O&M) -4- who was aged about 30 years at the time of accident accident. Since section 163-A A of Motor Vehicles Act, 1988 is now substituted by Section 164 of Motor Vehicles Act, 1988 (Act 32 of 2019 w.e.f 01.04.2022), 01.04.2022) compensation is liable to be enhanced as per the substituted statutory provision i.e. Section 164 of the Act Act,, therefore, the appellants herein are entitled to be granted the benefit of beneficial provision enacted by the Parliament under Chapter 11 of which Section 164 provides for payment of compensation in case of death in the amount of Rs.5 lakhs and in case of grievous hurt of Rs.2.5 lakhs.
lakhs
12. Further, this Court in FAO No.4301 of 2006 2006, titled as "Akaljit Akaljit Kaur Others" held as under:
and Others Vs. Parveen Kumar and Others" under:-
"11.
11. Hon'ble Supreme Court in the case of Ram Murti and others Vs. Punjab State Electricity Board [2022(4) TAC 738] held that the appellants therein to be granted the benefit of beneficial provision enacted by the Parliament under Chapter 11 of which Section 164 provides for payment of compensation in the case of death in the amount of Rs.5 lakhs and in the case grievou grievouss hurt of Rs.2.5 lakhs.
12. This Court in FAO--195-2006 titled as Mamta and Others Vs. Happy and Others,, decided on 29.05.2024, held that since Motor Vehicle statute is a beneficial legislation, the Judge should not go into the technicalities of the provi provisions, sions, under which the application or petition is moved but should apply his judicial mind, as these are only the irregularities and not illegalities which cannot be cured. It has been observed by the Hon'ble Supreme Court that the 4 of 6 ::: Downloaded on - 30-11-2024 08:53:07 ::: Neutral Citation No:=2024:PHHC:155714 FAO. 3058-2007 2007 (O&M) -5- loss caused to the claimants claimants or the relationship or to the victim of the limb cannot be compensated. Still the Court should make every effort by exercising its discretion empathetically. Further, Justice should actually be shown to be delivered by application of judicial mind with w intelligence, prudence, care and caution and by showing empathy. The Court decision should be such that they strengthen the trust and confidence of public and litigants in judicial system and judiciary judiciary."
."
13. In view of the above, the present appeal is allowed. Accordingly, the award dated 14.12.2006 is modified by converting the claim petition under Section 163-A (pre 2018 amendment) to Section 164 (post 2018 amendment) of the Motor Vehicles Act, 1988. As such, the he claimants/appel claimants/appellants are held entitled to compensation to the tune of Rs.5 lakh, which shall be disbursed equally amongst the claimants/appellants /appellants.
14. So far as the interest part is concerned, as held by Hon'ble Supreme Court in Dara Singh @ Dhara Banjara Vs. Shyam Singh Varma 2019 ACJ 3176 and R.Valli and Others VS. Tamil Nandu State Transport Corporation (2022) 5 Supreme Court Cases 107, the appellants-claimants claimants are granted the interest @ 9% per annum on the enhanced amount from from the date of filing of claim petition till the date of its realization.
realization
15. The Insurance Company is directed to deposit the enhanced amount of compensation along with interest with the Tribunal within a period of two months from today. The appellants-claimants appellants claimants are directed to furnish their bank account details to the Insurance Company/Tribunal. The Tribunal is further directed to 5 of 6 ::: Downloaded on - 30-11-2024 08:53:07 ::: Neutral Citation No:=2024:PHHC:155714 FAO. 3058-2007 2007 (O&M) -6- disburse the enhanced amount of compensation along with interest in equal shares in the bank accounts of the appellants-claimants.
appellants claimants.
16. Before parting with the judgment, this Court extends its appreciation to Mr. Paul S. Saini, Saini Advocate,, for his able assistance to the Court in the present matter. Further Insurance Company is directed to disburse the current schedule fees to Mr. Mr. Paul S. Saini, Advocate,, within a period of ten days from the date of receipt of certified copy of this order.
ord
17. Disposed of accordingly.
according
18. Pending applications, if any, also stand disposed of of.
(SUDEEPTI SHARMA) JUDGE November 21,, 2024 G Arora Whether speaking/non-speaking speaking : Speaking Whether reportable : Yes 6 of 6 ::: Downloaded on - 30-11-2024 08:53:07 :::