Aarti And Others vs Shokin Khan And Others
2023 Latest Caselaw 1195 P&H

FAO-193-2020 (O&M)                                                       -1-

     IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                    CHANDIGARH

                                FAO-193-2020 (O&M)
                                Date of decision: 19.01.2023

Aarti and others
                                                               ...Appellants
                   Versus

Shokin Khan and others

                                                            ...Respondents

CORAM: HON'BLE MR.JUSTICE H.S. MADAAN

Present:    Mr. Wazir Singh, Advocate for the appellants.

            Mr. Lalit Garg, Advocate for respondent No.3.

                                *****

H.S. MADAAN, J. (Oral)

Briefly stated facts of the case are that on account of death of

Kamdev in a motor vehicular accident, which took place on 05.02.2018 at

about 07.30 pm in the area of Khalila Road, Samalkha, District Panipat,

statedly on account of rash and negligent driving of Maruti Dzire car

bearing No.HR-06-AP-0260 by respondent No.1 Shokin Khan, legal

representatives of such deceased namely his widow Aarti, major son

Rakesh and minor son Roshan had brought a claim petition under Section

166 of the Motor Vehicles Act, 1988, seeking compensation, against

driver, owner and insurance company of the car in question.

After contest, the claim petition was accepted by Motor

Accidents Claims Tribunal, Panipat, vide award dated 16.09.2019 and

compensation of Rs.14,97,490/- with interest @ 7.5% p.a., from the date

of filing of petition till actual realization was awarded to the claimants

1 of 3

FAO-193-2020 (O&M) -2-

payable by all the respondents jointly and severally.

However, feeling dissatisfied with the quantum of

compensation awarded, the claimants have approached this Court by way

of filing of the present appeal seeking enhancement of compensation so

awarded. Notice of the appeal was given to the respondent No.3-

insurance company and it has put in appearance through counsel.

I have heard learned counsel for the parties besides going

through the record.

The main thrust of argument by learned counsel for the

appellant is that all the claimants are entitled to get Rs.44,000/- under the

head loss of consortium in terms of judgment Magma General

Insurance Co. Ltd. Vs. Nanu Ram @ Chuhru Ram & Ors., 2018 (4)

RCR (Civil) 333, however, the tribunal has awarded a sum of

Rs.40,000/- on that account to claimant No.1 Aarti, widow of the

deceased only, whereas, compensation of Rs.15,000/- each under the

head funeral expenses and loss of estate has been awarded without 10%

increase in terms of judgment National Insurance Company Limited

Versus Pranay Sethi and Ors., 2017(4) RCR(Civil)1009.

Learned counsel for insurance company in all fairness has

conceded such legal position.

Accordingly, the appeal is partly accepted and compensation

awarded by the tribunal is enhanced by Rs.95,000/- payable to the

claimants by respondents No.1 to 3 jointly and severally along with

interest @ 7.5% p.a., on additional compensation from the date of filing

of claim petition till actual realization. This enhanced amount would be

2 of 3

FAO-193-2020 (O&M) -3-

apportioned inasmuch as the widow/appellant No.1 would get a sum of

Rs.5000/- and other claimants would get Rs.45,000/- each. The mode and

manner of payment and the apportionment amongst the claimants shall

remain the same as directed by the tribunal in the original award.

19.01.2023                                          (H.S. MADAAN)
sumit.k                                                 JUDGE

             Whether speaking/reasoned :      Yes          No
             Whether Reportable :             Yes          No




                                 3 of 3