Tarsem Singh and Another Tarsem Singh and Another v. Pargat Singh and Others Singh and Others
Case Details
FAO-2010-2006 6 (O&M) -1- 104 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH -.- FAO FAO-2010-2006 (O&M) Date of Decision :-31.01.2025 Date of Decision : Tarsem Singh and Another Tarsem Singh and Another ....Appellants VERSUS Pargat Singh and Others Singh and Others ....Respondents SUDEEPTI SHARMA CORAM : HON’BLE MRS. JUSTICE SUDEEPTI SHARMA CORAM : HON’BLE Present: Ms. Gaganbir Kaur Kahlon, Advocate for Ms. Gaganbir Kaur Kahlon, Advocate for Ms. Gaganbir Kaur Kahlon, Advocate for Mr. Vipin Mahajan, Advocate for the appellants. Mr. Vipin Mahajan, Advocate for the appellants. Mr. Vipin Mahajan, Advocate for the appellants.
Legal Reasoning
Further, this Court in FAO No.4301 of 2006 Further, this Court Akaljit Kaur FAO No.4301 of 2006, titled as “Akaljit Kaur and Others Vs. Parveen Kumar and Others” held as under: and Others Vs. Parveen Kumar and Others ” held as under:- 11. “11. Ram Murti and Hon’ble Supreme Court in the case of Ram Murti and Hon’ble Supreme Court in the case of held others Vs. Punjab State Electricity Board [2022(4) TAC 738] held others Vs. Punjab State Electricity Board others Vs. Punjab State Electricity Board that the appellants therein to be granted the benefit of beneficial that the appellants therein to be granted the benefit of beneficial that the appellants therein to be granted the benefit of beneficial that the appellants therein to be granted the benefit of beneficial TRIPTI SAINI 2025.01.31 17:52 I attest to the accuracy and integrity of this document FAO-2010-2006 6 (O&M) -4- provision enacted by the Parliament under Chapter 11 of which provision enacted by the Parliament under Chapter 11 of which provision enacted by the Parliament under Chapter 11 of which provision enacted by the Parliament under Chapter 11 of which Section 164 provides for payment of compensation in the case of Section 164 provides for payment of compensation in the case of Section 164 provides for payment of compensation in the case of Section 164 provides for payment of compensation in the case of n the case grievous hurt of death in the amount of Rs.5 lakhs and in the case grievous hurt of death in the amount of Rs.5 lakhs and i death in the amount of Rs.5 lakhs and i Rs.2.5 lakhs. Rs.2.5 lakhs. 12. 12. This Court in FAO- Mamta and -195-2006 titled as Mamta and , decided on 29.05.2024, held that since Others Vs. Happy and Others, decided on 29.05.2024, held that since , decided on 29.05.2024, held that since Others Vs. Motor Vehicle statute is a beneficial legislation, the Judge should not Motor Vehicle statute is a beneficial legislation, the Judge should not Motor Vehicle statute is a beneficial legislation, the Judge should not Motor Vehicle statute is a beneficial legislation, the Judge should not ities of the provisions, under which the go into the technicalities of the provisions, under which the ities of the provisions, under which the go into the technical application or petition is moved but should apply his judicial mind, as application or petition is moved but should apply his judicial mind, as application or petition is moved but should apply his judicial mind, as application or petition is moved but should apply his judicial mind, as these are only the irregularities and not illegalities which cannot be these are only the irregularities and not illegalities which cannot be these are only the irregularities and not illegalities which cannot be these are only the irregularities and not illegalities which cannot be It has been observed by the Hon’ble Supreme Court that the cured. It has been observed by the Hon’ble Supreme Court that the It has been observed by the Hon’ble Supreme Court that the cured. caused to the claimants or the relationship or to the victim of the loss caused to the claimants or the relationship or to the victim of the caused to the claimants or the relationship or to the victim of the loss limb cannot be compensated. Still the Court should make every effort limb cannot be compensated. Still the Court should make every effort limb cannot be compensated. Still the Court should make every effort limb cannot be compensated. Still the Court should make every effort by exercising its discretion empathetically. Further, Justice should by exercising its discretion empathetically. Further, Justice should by exercising its discretion empathetically. Further, Justice should by exercising its discretion empathetically. Further, Justice should of judicial mind with actually be shown to be delivered by application of judicial mind with actually be shown to be delivered by application actually be shown to be delivered by application intelligence, prudence, care and caution and by showing empathy. intelligence, prudence, care and caution and by showing empathy. intelligence, prudence, care and caution and by showing empathy. intelligence, prudence, care and caution and by showing empathy. The Court decision should be such that they strengthen the trust and The Court decision should be such that they strengthen the trust and The Court decision should be such that they strengthen the trust and The Court decision should be such that they strengthen the trust and .” confidence of public and litigants in judicial system and judiciary.” confidence of public and litigants in judicial system and judiciary confidence of public and litigants in judicial system and judiciary 8. e claimants/appellants are held entitled to In view of the above, the claimants/appellants are held entitled to e claimants/appellants are held entitled to In view of the above, th compensation to the tune of Rs.5 lakhs, which shall be distributed as per the same compensation to the tune of Rs.5 lakhs, which shall be distributed as per the same compensation to the tune of Rs.5 lakhs, which shall be distributed as per the same compensation to the tune of Rs.5 lakhs, which shall be distributed as per the same ratio as awarded by the Tribunal in its award dated 19.12.2005 . ratio as awarded by the Tribunal in its award dated ratio as awarded by the Tribunal in its award dated 9. e Supreme So far as the interest part is concerned, as held by Hon’ble Supreme So far as the interest part is concerned, as held by Hon’bl So far as the interest part is concerned, as held by Hon’bl 2019 ACJ 3176 Dara Singh @ Dhara Banjara Vs. Shyam Singh Varma 2019 ACJ 3176 Dara Singh @ Dhara Banjara Vs. Shyam Singh Varma Court in Dara Singh @ Dhara Banjara Vs. Shyam Singh Varma R.Valli and Others VS. Tamil Nadu State Transport Corporation (2022) 5 R.Valli and Others VS. Tamil Nadu State Transport Corporation and R.Valli and Others VS. Tamil Nadu State Transport Corporation (2022) 5 claimants are granted the interest @ Supreme Court Cases 107, the appellants-claimants are granted the interest @ claimants are granted the interest @ Supreme Court Cases 107, TRIPTI SAINI 2025.01.31 17:52 I attest to the accuracy and integrity of this document FAO-2010-2006 6 (O&M) -5- enhanced amount from the date of filing of claim petition, 9% per annum on the enhanced amount from the date of filing of claim petition 9% per annum on the , till the date of its realization. the date of its realization 10. amount of The Insurance Company is directed to deposit the amount of The Insurance Company is directed to deposit the The Insurance Company is directed to deposit the compensation along with interest with the Tribunal within a period of two months alongwith interest with the Tribunal within a period of two months with interest with the Tribunal within a period of two months from the date of re the date of receipt of copy of judgment at the first instance with liberty to at the first instance, with liberty to recover the same the same from respondent No.2 (owner of the offending vehicle) , as per (owner of the offending vehicle), as per claimants are directed to furnish their award dated 19.12.2005. The appellants-claimants are directed to furnish their claimants are directed to furnish their award dated 19.12.2005 nce Company/Tribunal. The Tribunal is further bank account details to the Insurance Company/Tribunal. The Tribunal is further nce Company/Tribunal. The Tribunal is further bank account details to the Insura directed to disburse the enhanced amount of compensation along with interest in directed to disburse the enhanced amount of compensation along with interest in directed to disburse the enhanced amount of compensation along with interest in directed to disburse the enhanced amount of compensation along with interest in as per ratio settled in the award dated the bank accounts of the appellants-claimants as per ratio settled in the award dated as per ratio settled in the award dated the bank accounts of the appellants 19.12.2005. 11. in FAO No.1682 of 2007 dated In view of the order passed in FAO No.1682 of 2007 dated in FAO No.1682 of 2007 dated In view of the order passed the current 18.07.2024, the insurance company is hereby directed to disburse the current 18.07.2024, the insurance company is hereby directed to 18.07.2024, the insurance company is hereby directed to scheduled fee to Mr. D.P.Gupta, Advocate within a period of scheduled fee to days from the , Advocate within a period of twenty days from the date of receipt of copy of this judgment. date of receipt of copy of this judgment. 12. 13.
Arguments
Mr. Shubham Gupta and Mr. R.C.Gupta, Advocates Mr. Shubham Gupta and Mr. R.C.Gupta, Advocates Mr. Shubham Gupta and Mr. R.C.Gupta, Advocates for Mr. D.P.Gupta, Advocate for the Insurance Company. for Mr. D.P.Gupta, Advocate for the Insurance Company. for Mr. D.P.Gupta, Advocate for the Insurance Company. -.- SUDEEPTI SHARMA, J. SUDEEPTI SHARMA 2025 CM-1199-CII-2025 hearing in the main appeal. This is an application for early hearing in the main appeal. This is an application for 2. . With the For the reasons stated in the application, the same is allowed. With the For the reasons stated in the application, the same is allowed For the reasons stated in the application, the same is allowed 2010 of 2006 is consent of learned counsel for the parties, the main case i.e. FAO-2010 of 2006 is consent of learned counsel for the parties, the main case i.e. FAO consent of learned counsel for the parties, the main case i.e. FAO taken on Board today itself. taken on Board today itself. 2006 (O&M) FAO-2010-2006 (O&M) 1. The present appeal has been preferred The present appeal has 19.12.2005 been preferred against award dated 19.12.2005 passed in claim petition filed under Sections 163 passed in claim petition filed of the Motor Vehicles Act, 163-A of the Motor Vehicles Act, (for short, ‘the by the learned Motor Accident Claims Tribunal, Gurdaspur (for short, ‘the by the learned Motor Accident Claims Tribunal, 1988, by the learned Motor Accident Claims Tribunal, the claimants/appellants, enhancement of compensation granted to the claimants/appellants enhancement of compensation granted to Tribunal’) for enhancement of compensation granted to who are legal heirs legal heirs of the deceased. TRIPTI SAINI 2025.01.31 17:52 I attest to the accuracy and integrity of this document FAO-2010-2006 6 (O&M) -2- 2. As sole issue for determination in the present appeal is confined to As sole issue for determination in the present appeal is confined to As sole issue for determination in the present appeal is confined to As sole issue for determination in the present appeal is confined to quantum of compensation awarded by the learned Tribunal, a detailed narration of quantum of compensation awarded by the learned Tribunal, a detailed narration of quantum of compensation awarded by the learned Tribunal, a detailed narration of quantum of compensation awarded by the learned Tribunal, a detailed narration of the facts of the case is not reproduced and is skipped herein for the sake of brevity. the facts of the case is not reproduced and is skipped herein for the sake of brevity. the facts of the case is not reproduced and is skipped herein for the sake of brevity. the facts of the case is not reproduced and is skipped herein for the sake of brevity. RNED COUNSELS FOR THE PARTIES SUBMISSIONS OF LEARNED COUNSELS FOR THE PARTIES SUBMISSIONS OF LEA 3. Learned counsel for the claimants- Learned counsel for the claimants appellants has made the following -appellants has made the following submissions:- i) hat the amount assessed by the learned Tribunal is on That the amount assessed by the learned Tribunal is on hat the amount assessed by the learned Tribunal is on the lower side. ii) A of Motor Vehicles Act, 1988 is now That Section 163-A of Motor Vehicles Act, 1988 is now A of Motor Vehicles Act, 1988 is now substituted by Section 164 of Motor Vehicles Act, 1988 (Act 32 substituted by Section 164 of Motor Vehicles Act, 1988 (Act 32 substituted by Section 164 of Motor Vehicles Act, 1988 (Act 32 of 2019 w.e.f 01.04.2022) and compensation should be of 2019 w.e.f 01.04.2022) and compensation should be of 2019 w.e.f 01.04.2022) and compensation should be enhanced as per the substituted statutory provision i.e. Section enhanced as per the substituted statutory provision i.e. Section enhanced as per the substituted statutory provision i.e. Section 164 of the Act. That the present case is covered by the judgment iii) That the present case is covered by the judgment That the present case is covered by the judgment rendered by this Court in , titled as dered by this Court in FAO No.4301 of 2006, titled as Akaljit Kaur and Others Vs. Parveen Kumar and Others.” “Akaljit Kaur and Others Vs. Parveen Kumar and Others Akaljit Kaur and Others Vs. Parveen Kumar and Others A of the Motor Vehicles wherein the claim under Section 163-A of the Motor Vehicles wherein the claim under Section 163 of Motor Vehicles Act, Act, 1988 was converted to Section 164 of Motor Vehicles Act, Act, 1988 was converted to Section 164 1988 (Act 32 of 2019 w.e.f 01.04.2022) by relying upon the .f 01.04.2022) by relying upon the judgment of Hon’ble Supreme Court in the case of Ram Murti Supreme Court in the case of Ram Murti [2022(4) TAC and others Vs. Punjab State Electricity Board [2022(4) TAC and others Vs. Punjab State Electricity Board herein it was held that Section 164 of the Motor Vehicles 738] wherein it was held that Section 164 of the Motor Vehicles herein it was held that Section 164 of the Motor Vehicles Act, 1988 (Act 32 of 2019 w.e.f provides for (Act 32 of 2019 w.e.f 01.04.2022) provides for payment of compensation in case of death in the amount of payment of compensation in case of death in the amount of 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. Rs.5 lakhs and in the case of grievous hurt of Rs.2.5 lakhs. TRIPTI SAINI 2025.01.31 17:52 I attest to the accuracy and integrity of this document FAO-2010-2006 6 (O&M) -3- He, therefore, prays that the present appeal be allowed and the amount He, therefore, prays that the present appeal be allowed and the amount He, therefore, prays that the present appeal be allowed and the amount He, therefore, prays that the present appeal be allowed and the amount of compensation be enhanced. of compensation be enhanced. 4. Per contra, learned counsel for the respondent Per Insurance Company, contra, learned counsel for the respondent-Insurance Company, however, vehemently argues that the award has rightly been passed and the amount however, vehemently argues that the award has rightly been passed and the amount however, vehemently argues that the award has rightly been passed and the amount 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. of compensation as assessed by the learned Tribunal has rightly been granted. of compensation as assessed by the learned Tribunal has rightly been granted. of compensation as assessed by the learned Tribunal has rightly been granted. Therefore, he prays for dismissal of appeal. Therefore, he prays for dismissal of appeal. 5. I have heard learned counsel for the parties and perused the whole I have heard learned counsel for the parties and perused the whole I have heard learned counsel for the parties and perused the whole I have heard learned counsel for the parties and perused the whole record of this case. record of this case. 6. A perusal of the award indicates that in the present case the claimants A perusal of the award indicates that in the present case the claimants A perusal of the award indicates that in the present case the claimants A perusal of the award indicates that in the present case the claimants filed the claim petition seeking compensation on account of the death of filed the claim petition seeking compe Paramjit nsation on account of the death of Paramjit Singh, who was , who was 14-15 years old, at the time of . The Tribunal observed years old, at the time of accident. The Tribunal observed is to be that in the absence of any proof of notional income, a sum of Rs.1,50,000/- is to be that in the absence of any proof of notional income, a sum of Rs. that in the absence of any proof of notional income, a sum of Rs. awarded in the interest of justice. Since Section 163 awarded in the interest of justice. Since A of Motor Vehicles Act, Section 163-A of Motor Vehicles Act, substituted by Section 164 of Motor Vehicles Act, 1988 (Act 32 of 1988 is now substituted by Section 164 of Motor Vehicles Act, 1988 (Act 32 of substituted by Section 164 of Motor Vehicles Act, 1988 (Act 32 of 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 2019 w.e.f 01.04.2022) and compensation should be enhanced as per the 2019 w.e.f 01.04.2022) and compensation should be enhanced as per the 2019 w.e.f 01.04.2022) and compensation should be enhanced as per the the appellants substituted statutory provision i.e. Section 164 of the Act, therefore, the appellants substituted statutory provision i.e. Section 164 of the Act substituted statutory provision i.e. Section 164 of the Act herein are entitled to be granted the benefit of beneficial provision enacted by the herein are entitled to be granted the benefit of beneficial provision enacted by the herein are entitled to be granted the benefit of beneficial provision enacted by the 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 Parliament under Chapter 11 of which Section 164 provides for payment of Parliament under Chapter 11 of which Section 164 provides for payment of Parliament under Chapter 11 of which Section 164 provides for payment of compensation in case of death in the amount of Rs.5 lakh and in case grievous hurt compensation in case of death in the amount of Rs.5 lakh and in case grievous hurt compensation in case of death in the amount of Rs.5 lakh and in case grievous hurt compensation in case of death in the amount of Rs.5 lakh and in case grievous hurt . of Rs.2.5 lakh. 7.
Decision
Disposed of accordingly. Disposed of Pending applications, if any, also stand disposed off. Pending applications, if any, also stand disposed off. Pending applications, if any, also stand disposed off. January 25, 202 tripti 2025 SUDEEPTI SHARMA) (SUDEEPTI SHARMA JUDGE speaking : Speaking Whether speaking/non-speaking : Speaking Whether speaking/non es/No : Yes/No Whether reportable Whether reportable TRIPTI SAINI 2025.01.31 17:52 I attest to the accuracy and integrity of this document