Gursewak Singh & Anr. v. Surinder Singh & Ors.

CORAM : HON’BLE MS. JUSTICE NIDHI GUPTA CORAM : HON’BLE MS. JUSTICE NIDHI GUPTA CORAM : HON’BLE MS. JUSTICE NIDHI GUPTA Present: Mr. Shakti Mehta, Advocate for the appellants. Mr. Shakti Mehta, Advocate for the appellants. Mr. Shakti Mehta, Advocate for the appellants. NIDHI GUPTA, J. NIDHI GUPTA, J. -.-

1. appeal has been filed by the claimants seeking enhancement Present appeal has been filed by the claimants seeking enhancement appeal has been filed by the claimants seeking enhancement Present of compensation of awarded by the learned Motor Accident Claims compensation of ₹22,72,320/- awarded by the learned Motor Accident Claims awarded by the learned Motor Accident Claims Tribunal, Patiala (hereinafter referred to as “the learned Tribunal”) vide Award Tribunal, Patiala (hereinafter referred to as “the learned Tribunal”) vide Award Tribunal, Patiala (hereinafter referred to as “the learned Tribunal”) vide Award Tribunal, Patiala (hereinafter referred to as “the learned Tribunal”) vide Award dated 23.12.2024 passed in MACT Claim Petition No.175 dated 14.07.2022 filed dated 23.12.2024 passed in MACT Claim Petition No.175 dated 14.07.2022 filed dated 23.12.2024 passed in MACT Claim Petition No.175 dated 14.07.2022 filed dated 23.12.2024 passed in MACT Claim Petition No.175 dated 14.07.2022 filed e Motor Vehicles Act, (hereinafter referred to as “the Act”). under Section 166 of the Motor Vehicles Act, (hereinafter referred to as “the Act”). e Motor Vehicles Act, (hereinafter referred to as “the Act”). under Section 166 of th The 2 claimants are the 29-year-old son and 16 The 2 claimants are the 29 old daughter of the deceased old son and 16-year-old daughter of the deceased Maya Devi, who was about 50 years old at the time of accident. Maya Devi, who was about 50 years old at the time of accident. Maya Devi, who was about 50 years old at the time of accident.

2. Brief facts of the case are that the Tribunal upon appraisal of Brief facts of the case are that the Tribunal upon appraisal of Brief facts of the case are that the Tribunal upon appraisal of Brief facts of the case are that the Tribunal upon appraisal of pleadings and oral and documentary evidence adduced by the parties had pleadings and oral and documentary evidence adduced by the parties had pleadings and oral and documentary evidence adduced by the parties had pleadings and oral and documentary evidence adduced by the parties had concluded that deceased Maya Devi had died due to the injuries suffered by her in concluded that deceased Maya Devi had died due to the injuries suffered by her in concluded that deceased Maya Devi had died due to the injuries suffered by her in concluded that deceased Maya Devi had died due to the injuries suffered by her in ace on 11.05.2022 due to rash and negligent a motor vehicular accident that took place on 11.05.2022 due to rash and negligent ace on 11.05.2022 due to rash and negligent a motor vehicular accident that took pl 5375 (hereinafter ‘the driving of Truck/Tipper bearing registration No. PB-07-AL-5375 (hereinafter ‘the driving of Truck/Tipper bearing registration No. PB driving of Truck/Tipper bearing registration No. PB TRIPTI SAINI 2026.05.22 17:48 I attest to the accuracy and integrity of this document 2025 (O&M) FAO-2013-2025 (O&M) -2- offending vehicle’) being driven by respondent No.1, owned by respondent no.2, offending vehicle’) being driven by respondent No.1, owned by respondent no.2, offending vehicle’) being driven by respondent No.1, owned by respondent no.2, offending vehicle’) being driven by respondent No.1, owned by respondent no.2, on has been awarded and insured by respondent No.3. The above compensation has been awarded and insured by respondent No.3. The above compensati and insured by respondent No.3. The above compensati alongwith interest @ 7% p.a. The liability to pay said compensation was fixed alongwith interest @ 7% p.a. The liability to pay said compensation was fixed alongwith interest @ 7% p.a. The liability to pay said compensation was fixed alongwith interest @ 7% p.a. The liability to pay said compensation was fixed upon respondent No.3. upon respondent No.3.

3. Ld. counsel for the appellants seeks enhancement of compensation by Ld. counsel for the appellants seeks enhancement of compensation by Ld. counsel for the appellants seeks enhancement of compensation by Ld. counsel for the appellants seeks enhancement of compensation by wer side as only submitting that income of the deceased has been taken on the lower side as only submitting that income of the deceased has been taken on the lo submitting that income of the deceased has been taken on the lo per month. It is submitted that the appellants had duly proved on record ₹21,952/- per month. It is submitted that the appellants had duly proved on record per month. It is submitted that the appellants had duly proved on record per month. It is submitted that the appellants had duly proved on record that the deceased was drawing pension from the State of Punjab; besides which she that the deceased was drawing pension from the State of Punjab; besides which she that the deceased was drawing pension from the State of Punjab; besides which she that the deceased was drawing pension from the State of Punjab; besides which she was also running a boutique shop and earning ₹25,000/ was also running a boutique shop and earning ntented ₹25,000/- per month. It is contented that therefore, income of the deceased deserves to be enhanced. that therefore, income of the deceased deserves to be enhanced. that therefore, income of the deceased deserves to be enhanced.

4. It is further submitted that even dependency has been wrongly It is further submitted that even dependency has been wrongly It is further submitted that even dependency has been wrongly It is further submitted that even dependency has been wrongly assessed as claimant No.1, even though major son of the diseased, was financially assessed as claimant No.1, even though major son of the diseased, was financially assessed as claimant No.1, even though major son of the diseased, was financially assessed as claimant No.1, even though major son of the diseased, was financially , deduction should have been one third. dependent upon his Mother. Therefore, deduction should have been one third. , deduction should have been one third. dependent upon his Mother. Therefore Moreover, under the conventional heads ₹1,00,000/ Moreover, under the conventional heads each ought to have been ₹1,00,000/- each ought to have been awarded to both the claimants; and interest ought to have been awarded @ 9%. It is awarded to both the claimants; and interest ought to have been awarded @ 9%. It is awarded to both the claimants; and interest ought to have been awarded @ 9%. It is awarded to both the claimants; and interest ought to have been awarded @ 9%. It is compensation be accordingly prayed that the present appeal be allowed and compensation be accordingly prayed that the present appeal be allowed and accordingly prayed that the present appeal be allowed and enhanced as the above. enhanced as the above.

6. No other argument is raised on behalf of ld. counsel for the appellants. No other argument is raised on behalf of ld. counsel for the appellants. No other argument is raised on behalf of ld. counsel for the appellants. No other argument is raised on behalf of ld. counsel for the appellants. I have heard learned counsel and perused the case file in detail. I find I have heard learned counsel and perused the case file in detail. I find I have heard learned counsel and perused the case file in detail. I find I have heard learned counsel and perused the case file in detail. I find no merit in the submissions advanced on behalf of the appellants. no merit in the submissions advanced on behalf of the appellan no merit in the submissions advanced on behalf of the appellan

7. A perusal of the record of the case shows that deceased was receiving A perusal of the record of the case shows that deceased was receiving A perusal of the record of the case shows that deceased was receiving A perusal of the record of the case shows that deceased was receiving pension of ₹18,286/ per month from Punjab State College of Education ₹18,286/- per month from Punjab State College of Education per month from Punjab State College of Education Department. To prove said pension/income, appellants had examined CW-4 Department. To prove said pension/income, appellants had examined CW Department. To prove said pension/income, appellants had examined CW Department. To prove said pension/income, appellants had examined CW ad brought the record pertaining to the Naveen Kumar Junior Assistant, who had brought the record pertaining to the ad brought the record pertaining to the Naveen Kumar Junior Assistant, who h 4 had family pension being drawn by the deceased as widow of Gurjant Singh. PW-4 had family pension being drawn by the deceased as widow of Gurjant Singh. PW family pension being drawn by the deceased as widow of Gurjant Singh. PW TRIPTI SAINI 2026.05.22 17:48 I attest to the accuracy and integrity of this document 2025 (O&M) FAO-2013-2025 (O&M) -3- duly proved the family pension order Ex.CW4/A; and documents Ex.CW4/B to duly proved the family pension order Ex.CW4/A; and documents Ex.CW4/B to duly proved the family pension order Ex.CW4/A; and documents Ex.CW4/B to duly proved the family pension order Ex.CW4/A; and documents Ex.CW4/B to Ex.CW4/D. CW5 has proved Ex.CW5/B, vide which the family pension was Ex.CW4/D. CW5 has proved Ex.CW5/B, vide which the family pension Ex.CW4/D. CW5 has proved Ex.CW5/B, vide which the family pension . Accordingly, ld. Tribunal had assessed enhanced from ₹18,286/- to Rs.21952/-. Accordingly, ld. Tribunal had assessed . Accordingly, ld. Tribunal had assessed enhanced from per month. income of the deceased as ₹21,952/- per month. income of the deceased as

8. The contention of the appellants that deceased was also earning The contention of the appellants that deceased was also earning The contention of the appellants that deceased was also earning The contention of the appellants that deceased was also earning though claimants had led per month from her boutique was rejected as, although claimants had led per month from her boutique was rejected as, al ₹25,000/- per month from her boutique was rejected as, al oral evidence in this regard to prove their above said assertion, however, no oral evidence in this regard to prove their above said assertion, however, no oral evidence in this regard to prove their above said assertion, however, no oral evidence in this regard to prove their above said assertion, however, no documentary evidence was adduced by the claimants to prove that deceased was documentary evidence was adduced by the claimants to prove that deceased was documentary evidence was adduced by the claimants to prove that deceased was documentary evidence was adduced by the claimants to prove that deceased was running a boutique or was earning any income from such boutique. On a Court running a boutique or was earning any income from such boutique. On a Court running a boutique or was earning any income from such boutique. On a Court running a boutique or was earning any income from such boutique. On a Court query, learned counsel for the appellants has admitted that if the deceased was query, learned counsel for the appellants has admitted that if the deceased was query, learned counsel for the appellants has admitted that if the deceased was query, learned counsel for the appellants has admitted that if the deceased was earning as alleged, then she would be filing Income Tax Returns; however, no such earning as alleged, then she would be filing Income Tax Returns; however, no such earning as alleged, then she would be filing Income Tax Returns; however, no such earning as alleged, then she would be filing Income Tax Returns; however, no such evidence has been brought on record. Even there is no documentary evidence in evidence has been brought on record. Even there is no documentary evidence in evidence has been brought on record. Even there is no documentary evidence in evidence has been brought on record. Even there is no documentary evidence in ount books or catalogue or any such, to show that deceased was in the form of account books or catalogue or any such, to show that deceased was in ount books or catalogue or any such, to show that deceased was in ount books or catalogue or any such, to show that deceased was in fact, running a boutique. Accordingly, I find no error in the income as assessed by fact, running a boutique. Accordingly, I find no error in the income as assessed by fact, running a boutique. Accordingly, I find no error in the income as assessed by fact, running a boutique. Accordingly, I find no error in the income as assessed by the learned Tribunal. the learned Tribunal.

9. Age of deceased was determined to be 50 years at the time of accident Age of deceased was determined to be 50 years at the time of accident Age of deceased was determined to be 50 years at the time of accident Age of deceased was determined to be 50 years at the time of accident is of her postmortem report Ex.C3. Accordingly, ld Tribunal had made on the basis of her postmortem report Ex.C3. Accordingly, ld Tribunal had made is of her postmortem report Ex.C3. Accordingly, ld Tribunal had made is of her postmortem report Ex.C3. Accordingly, ld Tribunal had made an addition of 25% towards future prospects; and correctly applied multiplier of an addition of 25% towards future prospects; and correctly applied multiplier of an addition of 25% towards future prospects; and correctly applied multiplier of an addition of 25% towards future prospects; and correctly applied multiplier of old son of the deceased, was 13, which is, as per law. Claimant No.1 being 29-year-old son of the deceased, was 13, which is, as per law. Claimant No.1 being 29 13, which is, as per law. Claimant No.1 being 29 not held to be dependent on the deceased. Only the 16 not held to be depende old Daughter was held nt on the deceased. Only the 16-year-old Daughter was held to be dependent upon the deceased. Contention of the appellants that the deceased to be dependent upon the deceased. Contention of the appellants that the deceased to be dependent upon the deceased. Contention of the appellants that the deceased to be dependent upon the deceased. Contention of the appellants that the deceased was earning pension and therefore claimant No.1 was also dependent upon her, was earning pension and therefore claimant No.1 was also dependent upon her, was earning pension and therefore claimant No.1 was also dependent upon her, was earning pension and therefore claimant No.1 was also dependent upon her, urt as not only is the same contrary to the does not inspire the belief of this Court as not only is the same contrary to the urt as not only is the same contrary to the does not inspire the belief of this Co social ethos and norms of our Indian society where an aged mother is dependent social ethos and norms of our Indian society where an aged mother is dependent social ethos and norms of our Indian society where an aged mother is dependent social ethos and norms of our Indian society where an aged mother is dependent upon her young son, but also appellant No.1 has not been able to prove that he was upon her young son, but also appellant No.1 has not been able to prove that he was upon her young son, but also appellant No.1 has not been able to prove that he was upon her young son, but also appellant No.1 has not been able to prove that he was TRIPTI SAINI 2026.05.22 17:48 I attest to the accuracy and integrity of this document 2025 (O&M) FAO-2013-2025 (O&M) -4- ly, ld. Tribunal has correctly financially dependent upon the deceased. Accordingly, ld. Tribunal has correctly financially dependent upon the deceased. According financially dependent upon the deceased. According made a deduction of 50% towards personal expenses. made a deduction of 50% towards personal expenses. made a deduction of 50% towards personal expenses.

10. Under the conventional heads Tribunal has awarded an amount of Under the conventional heads Tribunal has awarded an amount of Under the conventional heads Tribunal has awarded an amount of Under the conventional heads Tribunal has awarded an amount of by way of each to both the claimants by way of consortium; and ₹18000/- by way of each to both the claimants by way of consortium; and ₹40000/- each to both the claimants by way of consortium; and towards funeral expenses, thereby awarding total loss of the estate; and ₹18000/- towards funeral expenses, thereby awarding total towards funeral expenses, thereby awarding total loss of the estate; and compensation of ₹22,72,320/-. compensation of

11. From the above facts, it is clear that a just and fair compensation in From the above facts, it is clear that a just and fair compensation in From the above facts, it is clear that a just and fair compensation in From the above facts, it is clear that a just and fair compensation in accordance with the law laid down by the Hon’ble Apex Court has been awarded accordance with the law laid down by the Hon’ble Apex Court has been awarded accordance with the law laid down by the Hon’ble Apex Court has been awarded accordance with the law laid down by the Hon’ble Apex Court has been awarded nts. Nothing whatsoever has been shown to this Court that would to the appellants. Nothing whatsoever has been shown to this Court that would nts. Nothing whatsoever has been shown to this Court that would nts. Nothing whatsoever has been shown to this Court that would 12 of the Act is a merit enhancement of the compensation. No doubt Chapter-12 of the Act is a merit enhancement of the compensation. No doubt Chapter merit enhancement of the compensation. No doubt Chapter beneficial legislation yet, as cautioned by the Hon’ble Supreme Court, the same beneficial legislation yet, as cautioned by the Hon’ble Supreme Court, the same beneficial legislation yet, as cautioned by the Hon’ble Supreme Court, the same beneficial legislation yet, as cautioned by the Hon’ble Supreme Court, the same windfall or a source of profit. Hon’ble cannot be allowed to be treated as a windfall or a source of profit. Hon’ble windfall or a source of profit. Hon’ble cannot be allowed to be treated as a State of Haryana Vs. Jasbir Kaur” Law Finder Doc ID # Supreme Court in “State of Haryana Vs. Jasbir Kaur” Law Finder Doc ID # State of Haryana Vs. Jasbir Kaur” Law Finder Doc ID # Supreme Court in “Divisional Controller K.S.R.T.C. Vs. Mahadeva Shetty and another” 64043 and “Divisional Controller K.S.R.T.C. Vs. Mahadeva Shetty and another” “Divisional Controller K.S.R.T.C. Vs. Mahadeva Shetty and another” “Divisional Controller K.S.R.T.C. Vs. Mahadeva Shetty and another”