Amit Kumar And Ors vs Jagdish And Anr
2024 Latest Caselaw 20706 P&H

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

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

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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

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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

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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

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