Rajni Saini And Ors vs Janak Raj And Ors
2024 Latest Caselaw 1456 P&H

Punjab-Haryana High Court

Rajni Saini And Ors vs Janak Raj And Ors on 23 January, 2024

Author: Alka Sarin

Bench: Alka Sarin

                                                                                        2024:PHHC:009085

                            R-473
                                    IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                                   CHANDIGARH

                                                                              FAO-4203-2009 (O&M)
                                                                              Date of decision : 23.01.2024


                             RAJNI SAINI & ORS.                                               ... Appellant(s)

                                                                   Versus

                             JANAK RAJ & ORS.                                               ... Respondent(s)



                            CORAM : HON'BLE MRS. JUSTICE ALKA SARIN



                            Present :     Mr. Arvinder Arora, Advocate for the appellants.

                                          Mr. Ankur Gupta, Advocate
                                          for respondent No.3-Insurance Company.


                            ALKA SARIN, J. (ORAL)

1. The present appeal has been preferred by the claimant-

appellants challenging the award dated 27.05.2009 passed by the Motor

Accident Claims Tribunal, Ambala whereby an amount of Rs.3,00,000/- had

been awarded as compensation along with interest @ 7% per annum from

the date of filing of the petition till realization.

2. It has been brought to the notice of this Court that the claim

petition was filed under Section 163-A of the Motor Vehicles Act, 1988 and

hence there would be no question of future prospects.

3. Learned counsel for the claimant-appellants has contended that

the amount of Rs.3,00,000/- awarded as compensation by the Tribunal is on

the lower side. Learned counsel has relied upon the judgment of the Hon'ble

integrity of this order/judgment.

                                                                                       2024:PHHC:009085

                            FAO-4203-2009 (O&M)                                                     -2-

Supreme Court in the case of Ram Murti & Ors. Vs. Punjab State

Electricity Board [2023 ACJ 631] wherein it has been held as under :

"7. The provisions of Section 140 which formed a part of Chapter 10 of the Motor Vehicles Act 1988 were omitted by Act 32 of 2019. Simultaneously, Chapter 11 was substituted of which Section 164 provides for payment of compensation in the case of death in the amount of Rs.5,00,000/- and in the case of grievous hurt of Rs.2,50,000/-.

8. We are inclined to give the appellants the benefit of the beneficial provisions which have been enacted by Parliament. Hence, in modification of the order of the High Court, we direct that the appellants shall be entitled to an amount of Rs.5,00,000/- as compensation. However, if the amount of Rs.50,000 which has been awarded by the High Court has already been paid over, the balance (or the entirety of Rs.5,00,000/- if no amount has been paid) shall be paid over to the appellants by 30 November 2022."

4. Learned counsel would further contend that drawing parity

from the aforesaid judgment, the claimant-appellants would also be entitled

to at least Rs.5,00,000/-.

5. Learned counsel for respondent No.3-Insurance Company has

contended that the judgment in the case of Ram Murti (supra) is not

applicable in the present case and that sufficient amount has already been

awarded as compensation in the present case and that there is no scope of

any enhancement.

integrity of this order/judgment.

                                                                                          2024:PHHC:009085

                            FAO-4203-2009 (O&M)                                                      -3-

6. Heard the learned counsel for the parties.

7. Vide the Motor Vehicles (Amendment) Act, 32 of 2019

Chapter X stands omitted and substituted by Chapter XI. Section 163-A

falls in Chapter X of the unamended Motor Vehicles Act, 1988 and the same

has now been replaced by Section 164 and in view thereof, the judgment of

the Hon'ble Supreme Court in the case of Ram Murti (supra) would be fully

applicable in the present case.

8. In view of the above, the present appeal is disposed off and the

amount of compensation is enhanced to Rs.5,00,000/-. The amount in excess

of and over and above the amount awarded by the Tribunal shall also attract

interest @ 7.5% per annum from the date of filing of the claim petition till

the realization of the entire amount. The amount shall be apportioned

between the claimant-appellants as directed by the Tribunal. Accordingly,

the award passed by the Tribunal is modified. Pending applications, if any,

also stand disposed off.

                            23.01.2024                                       ( ALKA SARIN )
                            Yogesh Sharma                                         JUDGE

NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO

integrity of this order/judgment.