[Cites 3, Cited by 0]
Punjab-Haryana High Court
Kamaljit Kaur And Anr vs Malkit Singh And Ors on 15 December, 2025
Author: Alka Sarin
Bench: Alka Sarin
136
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO-931-2023 (O&M)
Date of Decision : 15.12.2025
Kamaljit Kaur & Anr ... Appellant(s)
Versus
Malkit Singh & Anr ... Respondent(s)
CORAM : HON'BLE MRS. JUSTICE ALKA SARIN
Present : Mr. Vipul Sharma, Advocate for
Mr. Neeraj Khanna, Advocate for the appellants.
ALKA SARIN, J. (Oral)
CM-3782-CII-2023
1. For the reasons mentioned therein, the application seeking
condonation of delay of 08 days in refiling the appeal is allowed and the delay
of 08 days in refiling the appeal is condoned.
FAO-931-2023
2. The present appeal has been preferred by the claimant-appellants
challenging the impugned award dated 05.09.2022 passed by the Motor
Accident Claims Tribunal, SAS Nagar, Mohali (hereinafter referred to as
'Tribunal') in a claim petition under Section 163-A of the Motor Vehicles Act,
1988 (hereinafter referred to as the 'Act of 1988') whereby the compensation
of ₹3,71,360/- has been awarded alongwith interest @ 7.5% per annum from
the date of filing of the petition till its realization.
3. Notice of motion to respondent No.2-Insurance Company only.
YOGESH SHARMA
2025.12.16 10:00
I am the author of this document
Chandigarh
4. Mr. D.K. Prajapati, Advocate accepts notice on behalf of
respondent No.2-Insurance Company and waives service.
5. Learned counsel for the claimant-appellants would contend that
the deceased, who unfortunately died in a motor vehicle accident which
occurred on 08.07.2020, was 61 years of age at the time of the accident.
Learned counsel for the claimant-appellants would further contend that the
compensation of ₹3,71,360/- awarded by the Tribunal is on the lower side
which ought to have been at least ₹5,00,000/-. In support of his contentions,
he has also placed reliance upon a judgment of the Hon'ble Supreme Court in
the case of Ram Murti & Ors. Vs. Punjab State Electricity Board [2023
ACJ 631].
6. Learned counsel for respondent No.2-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.
7. I have heard the learned counsel for the parties.
8. In the present case the claimant-appellants had filed the claim
petition under Section 163-A of the Act of 1988 and vide the impugned award
dated 05.09.2022 the Tribunal has awarded a compensation of ₹3,71,360/-
alongwith interest @ 7.5% per annum. 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 of the Act of 1988.
Further, Hon'ble Supreme Court in the case of Ram Murti (supra) has held
as under :
YOGESH SHARMA
2025.12.16 10:00
I am the author of this document
Chandigarh
"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."
9. The above judgment of the Hon'ble Supreme Court in the case
of Ram Murti (supra) is fully applicable in the present case. In view thereof,
the present appeal is disposed off and the amount of compensation is enhanced
to ₹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.
10. In view of the decision by the Hon'ble Supreme Court in
Parminder Singh Vs. Honey Goyal & Ors. [AIR 2025 SC 1713 = 2025
SCC OnLine SC 567], after calculation of the enhanced amount, the same be
transferred by the Insurance Company in the bank account(s) of the claimants
YOGESH SHARMA
2025.12.16 10:00
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Chandigarh
within six weeks from today and the apportionment thereof shall be as per the
direction of the Tribunal. The particulars of the bank account(s) alongwith the
requisite documents(s) in support thereof shall be furnished by the claimants
to the Insurance company within a period of two weeks from the date of this
order and needful shall be done by the Insurance Company after verification
thereof within four weeks thereafter alongwith up-to-date interest. The
compliance shall be reported by the Bank to the Tribunal concerned.
11. In view of the above discussion, the present appeal is disposed
off and the impugned award passed by the Tribunal stands modified
accordingly. Pending applications, if any, also stand disposed off.
15.12.2025 ( ALKA SARIN )
Yogesh Sharma JUDGE
NOTE: Whether speaking/non-speaking: Speaking
Whether reportable: YES/NO
YOGESH SHARMA
2025.12.16 10:00
I am the author of this document
Chandigarh
