[Cites 3, Cited by 0]
Punjab-Haryana High Court
Amandeep vs Amit Kumar And Anr on 12 February, 2026
Author: Alka Sarin
Bench: Alka Sarin
115
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO-198-2019 (O&M)
Date of Decision : 12.02.2026
AMANDEEP .... Appellant
VERSUS
AMIT KUMAR AND ANR .... Respondents
CORAM : HON'BLE MRS. JUSTICE ALKA SARIN
Present : Mr. Yashdeep Nain, Advocate for the appellant.
Mr. Vinod Chaudhri, Advocate for respondent No.2.
ALKA SARIN, J. (ORAL)
1. The present appeal has been preferred by the claimant-appellant
challenging the award dated 07.08.2018 passed by the Motor Accident Claims
Tribunal, Hisar (hereinafter referred to as 'the Tribunal') whereby only an
amount of ₹4,500 had been awarded as compensation along with interest @
7.5% per annum from the date of filing of the claim petition till its realization.
2. The claim petition in the present case was filed under Section
163-A of the Motor Vehicles Act, 1988 and as such there would be no
question of future prospects.
3. Learned counsel for the claimant-appellant has contended that
the amount of ₹4,500 awarded as compensation by the Tribunal is on the lower
side. 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 :
FAO-198-2019 (O&M) -2-
"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."
Learned counsel for the claimant-appellant would further contend that
drawing parity from the aforesaid judgment, the claimant-appellant would
also be entitled to at least ₹5,00,000/- (rupees five lakh).
4. 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 had already been
awarded as compensation and that there is no scope of any enhancement.
FAO-198-2019 (O&M) -3-
5. Heard.
6. 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.
7. In view of the above, the present appeal is disposed off and the
amount of compensation is enhanced to ₹5,00,000/- (rupees five lakh). 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. Accordingly, the award
passed by the Tribunal is modified. Pending applications, if any, also stand
disposed off.
12.02.2026 (ALKA SARIN)
Aman Jain JUDGE
NOTE: Whether speaking/non-speaking: Speaking
Whether reportable: Yes/No
