Punjab-Haryana High Court
Sumitra Devi & Ors vs Kamal Singh & Ors on 28 January, 2025
Author: Alka Sarin
Bench: Alka Sarin
Neutral Citation No:=2025:PHHC:012777
246
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO-6004-2016 (O&M)
Date of Decision : 28.01.2025
Sumitra Devi & Ors ... Appellant(s)
Versus
Kamal Singh & Ors ... Respondent(s)
CORAM : HON'BLE MRS. JUSTICE ALKA SARIN
Present : Mr. Narender Kaajla, Advocate for the appellants.
Service of respondent Nos.1 and 2 dispensed with
vide order dated 16.11.2022.
Mr. Satpal Dhamija, Advocate for respondent No.3.
ALKA SARIN, J. (Oral)
CM-20455-CII-2016
1. This is an application for condonation of delay of 684 days in
filing the appeal.
2. For the reasons stated in the application, delay of 684 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-6004-2016
3. The present appeal has been preferred by the claimant-
appellants aggrieved by the quantum of compensation awarded by the Motor
Accident Claims Tribunal, Hisar vide the impugned award dated 13.02.2014
in a petition under Section 163-A of the Motor Vehicles Act, 1988 (in short
'the 1988 Act').
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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. No. Heads Compensation Awarded
1 Expenses upon transportation and ₹15,000/-
last rites
2 Compensation on account of loss ₹3,60,000/-
of dependency
3 Compensation on account of loss ₹75,000/-
of love and affection to all the
petitioners
4 Total Compensation ₹4,50,000/-
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 18 years of age at the time of the accident. The learned
counsel for the claimant-appellants would further contend that the amount of
Rs.4,50,000/- 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] to contend that the claimant-appellants would also be
entitled to at least Rs.5,00,000/-.
7. 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.
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8. Heard the learned counsel for the parties.
9. In the present case the claim petition was filed under Section
163-A of the 1988 Act. 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.
10. Hon'ble Supreme Court in the case of Ram Murti (supra) has
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 ₹5,00,000/- and in the case of grievous hurt of
₹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 ₹5,00,000/- as compensation. However,
if the amount of ₹50,000 which has been awarded by the
High Court has already been paid over, the balance (or
the entirety of ₹5,00,000/- if no amount has been paid)
shall be paid over to the appellants by 30 November
2022."
11. In view of the above, 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
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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 stands
modified. Pending applications, if any, also stand disposed off.
28.01.2025 ( ALKA SARIN )
Yogesh Sharma JUDGE
NOTE: Whether speaking/non-speaking: Speaking
Whether reportable: YES/NO
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