Punjab-Haryana High Court
Usha Rani And Anr vs Surjeet Singh And Ors on 29 January, 2024
Author: Alka Sarin
Bench: Alka Sarin
2024:PHHC:011739
220
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO-6729-2016 (O&M)
Date of decision : 29.01.2024
Usha Rani & Anr. ... Appellant(s)
Versus
Surjeet Singh & Ors. ... Respondent(s)
CORAM : HON'BLE MRS. JUSTICE ALKA SARIN
Present : Mr. Bikram Chaudhary, Advocate for the appellants.
Mr. Hardeep Singh, Advocate for respondent No.1.
Mr. Harsh Chopra, Advocate for respondent No.3.
ALKA SARIN, J. (ORAL)
CM-23406-CII-2016
1. This is an application for condonation of delay of 1077 days in
filing the appeal.
2. For the reasons stated in the application, delay of 1077 days in
filing the appeal is condoned. CM stands disposed off. However, the
claimant-appellants shall not be entitled to any interest for the period of
delay in filing the appeal.
FAO-6729-2016
3. The present appeal has been preferred by the claimant-
appellants aggrieved by the quantum of compensation awarded by the Motor
integrity of this order/judgment.
2024:PHHC:011739
FAO-6729-2016 (O&M) -2-
Accident Claims Tribunal, Patiala vide award dated 24.05.2013.
4. Since the facts, as recorded in the impugned award passed by
the Tribunal, are not in dispute, the same are not being reproduced herein for
the sake of brevity.
5. The Tribunal in the present case had awarded the following
compensation :
Sr. Heads Compensation Awarded
No.
1 Monthly income Rs.1,500/-
2 Annual income [Rs.1,500 x 12] = Rs.18,000/-
3 Deduction 1/3rd [Rs.18,000 - 6,000] = Rs.12,000/-
4 Multiplier of 16 [Rs.12,000 x 16] = Rs.1,92,000/-
5 Funeral expenses Rs.5,000/-
6 Love and affection Rs.5,000/-
7 Total Compensation Rs.2,02,000/-
Interest 7.5% per annum
6. Learned counsel for the claimant-appellants would contend that
the child in the present case, who unfortunately died in a motor vehicle
accident, was 5 years of age at the time of the accident. The learned counsel
for the claimant-appellants would further contend that the amount of
Rs.2,02,000/- awarded towards compensation is on the lower side. The
learned counsel has relied upon the judgment of the Hon'ble 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
integrity of this order/judgment.
2024:PHHC:011739
FAO-6729-2016 (O&M) -3-
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."
7. 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/-.
8. 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.
9. Heard the learned counsel for the parties.
10. In the present case the claim petition was filed under Section
163-A of the Motor Vehicles Act, 1988. Vide the Motor Vehicles
(Amendment) Act, 32 of 2019 Chapter X stands omitted and substituted by
integrity of this order/judgment.
2024:PHHC:011739
FAO-6729-2016 (O&M) -4-
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.
11. 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. However, the claimant-appellants shall
not be entitled to any interest for the period of delay in filing the appeal. 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.
29.01.2024 ( ALKA SARIN )
Yogesh Sharma JUDGE
NOTE: Whether speaking/non-speaking: Speaking
Whether reportable: YES/NO
integrity of this order/judgment.
