FAO-2013-2025 (O&M) 140 IN THE HIGH COURT OF PUNJAB AND HARYANA Gursewak Singh and Another Surinder Singh and Others CORAM : HON’BLE MS. JUSTICE NIDHI GUPTA Present: Mr. Shakti Mehta, Advocate for the appellants. NIDHI GUPTA, J. 1. Present of compensation of 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 under Section 166 of th The 2 claimants are the 29 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 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 a motor vehicular accident that took pl driving of Truck/Tipper bearing registration No. PB 2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- FAO Date of Decision : 21.0 Gursewak Singh and Another VERSUS Surinder Singh and Others CORAM : HON’BLE MS. JUSTICE NIDHI GUPTA Mr. Shakti Mehta, Advocate for the appellants. -.- NIDHI GUPTA, J. Present appeal has been filed by the claimants seeking enhancement compensation of ₹22,72,320/- awarded by the learned Motor Accident Claims 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 under Section 166 of the Motor Vehicles Act, (hereinafter referred to as “the Act”). The 2 claimants are the 29-year-old son and 16 Maya Devi, who was about 50 years old at the time of accident. Brief facts of the case are that the Tribunal upon appraisal of 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 a motor vehicular accident that took place on 11.05.2022 due to rash and negligent driving of Truck/Tipper bearing registration No. PB -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-2013-2025 (O&M) Date of Decision : 21.05.2026 ....Appellants ....Respondents CORAM : HON’BLE MS. JUSTICE NIDHI GUPTA Mr. Shakti Mehta, Advocate for the appellants. appeal has been filed by the claimants seeking enhancement awarded by the learned Motor Accident Claims 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 e Motor Vehicles Act, (hereinafter referred to as “the Act”). old son and 16-year-old daughter of the deceased Maya Devi, who was about 50 years old at the time of accident. Brief facts of the case are that the Tribunal upon appraisal of 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 ace on 11.05.2022 due to rash and negligent driving of Truck/Tipper bearing registration No. PB-07-AL-5375 (hereinafter ‘the appeal has been filed by the claimants seeking enhancement awarded by the learned Motor Accident Claims 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 e Motor Vehicles Act, (hereinafter referred to as “the Act”). old daughter of the deceased Brief facts of the case are that the Tribunal upon appraisal of 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 ace on 11.05.2022 due to rash and negligent 5375 (hereinafter ‘the TRIPTI SAINI 2026.05.22 17:48 I attest to the accuracy and integrity of this document FAO-2013-2025 (O&M) offending vehicle’) being driven by respondent No.1, owned by respondent no.2, and insured by respondent No.3. The above compensati alongwith interest @ 7% p.a. The liability to pay said compensation was fixed upon respondent No.3. 3. Ld. counsel for the appellants seeks enhancement of compensation by submitting that income of the deceased has been taken on the lo ₹21,952/- 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 was also running a boutique shop and earning that therefore, income of the deceased deserves to be enhanced. 4. It is further submitted that even dependency has been wrongly assessed as claimant No.1, even though major son of the diseased, was financially dependent upon his Mother. Therefore Moreover, under the conventional heads awarded to both the claimants; and interest ought to have been awarded @ 9%. It is accordingly prayed that the present appeal be allowed and enhanced as the above. 5. No other argument is raised on behalf of ld. counsel for the appellants. 6. I have heard learned counsel and perused the case file in detail. I find 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 pension of ₹18,286/ Department. To prove said pension/income, appellants had examined CW Naveen Kumar Junior Assistant, who h family pension being drawn by the deceased as widow of Gurjant Singh. PW 2025 (O&M) offending vehicle’) being driven by respondent No.1, owned by respondent no.2, and insured by respondent No.3. The above compensati alongwith interest @ 7% p.a. The liability to pay said compensation was fixed upon respondent No.3. Ld. counsel for the appellants seeks enhancement of compensation by 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 that the deceased was drawing pension from the State of Punjab; besides which she was also running a boutique shop and earning ₹25,000/ that therefore, income of the deceased deserves to be enhanced. It is further submitted that even dependency has been wrongly assessed as claimant No.1, even though major son of the diseased, was financially dependent upon his Mother. Therefore, deduction should have been one third. Moreover, under the conventional heads ₹1,00,000/ awarded to both the claimants; and interest ought to have been awarded @ 9%. It is accordingly prayed that the present appeal be allowed and enhanced as the above. 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 no merit in the submissions advanced on behalf of the appellan A perusal of the record of the case shows that deceased was receiving ₹18,286/- per month from Punjab State College of Education Department. To prove said pension/income, appellants had examined CW Naveen Kumar Junior Assistant, who had brought the record pertaining to the family pension being drawn by the deceased as widow of Gurjant Singh. PW -2- offending vehicle’) being driven by respondent No.1, owned by respondent no.2, and insured by respondent No.3. The above compensation has been awarded alongwith interest @ 7% p.a. The liability to pay said compensation was fixed Ld. counsel for the appellants seeks enhancement of compensation by submitting that income of the deceased has been taken on the lower side as only 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 ₹25,000/- per month. It is contented that therefore, income of the deceased deserves to be enhanced. It is further submitted that even dependency has been wrongly assessed as claimant No.1, even though major son of the diseased, was financially , deduction should have been one third. ₹1,00,000/- each ought to have been awarded to both the claimants; and interest ought to have been awarded @ 9%. It is accordingly prayed that the present appeal be allowed and compensation be 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 no merit in the submissions advanced on behalf of the appellants. A perusal of the record of the case shows that deceased was receiving per month from Punjab State College of Education Department. To prove said pension/income, appellants had examined CW ad brought the record pertaining to the family pension being drawn by the deceased as widow of Gurjant Singh. PW-4 had offending vehicle’) being driven by respondent No.1, owned by respondent no.2, on has been awarded alongwith interest @ 7% p.a. The liability to pay said compensation was fixed Ld. counsel for the appellants seeks enhancement of compensation by wer side as only 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 ntented It is further submitted that even dependency has been wrongly assessed as claimant No.1, even though major son of the diseased, was financially , deduction should have been one third. each ought to have been awarded to both the claimants; and interest ought to have been awarded @ 9%. It is compensation be 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 A perusal of the record of the case shows that deceased was receiving per month from Punjab State College of Education Department. To prove said pension/income, appellants had examined CW-4 ad brought the record pertaining to the 4 had TRIPTI SAINI 2026.05.22 17:48 I attest to the accuracy and integrity of this document FAO-2013-2025 (O&M) 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 enhanced from income of the deceased as 8. The contention of the appellants that deceased was also earning ₹25,000/- per month from her boutique was rejected as, al 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 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 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 the form of account 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 the learned Tribunal. 9. Age of deceased was determined to be 50 years at the time of accident on the basis of her postmortem report Ex.C3. Accordingly, ld Tribunal had made an addition of 25% towards future prospects; and correctly applied multiplier of 13, which is, as per law. Claimant No.1 being 29 not held to be depende 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, does not inspire the belief of this Co 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 2025 (O&M) 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 enhanced from ₹18,286/- to Rs.21952/-. Accordingly, ld. Tribunal had assessed income of the deceased as ₹21,952/- per month. The contention of the appellants that deceased was also earning per month from her boutique was rejected as, al 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 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 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 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 the learned Tribunal. 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 an addition of 25% towards future prospects; and correctly applied multiplier of 13, which is, as per law. Claimant No.1 being 29 not held to be dependent on the deceased. Only the 16 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, does not inspire the belief of this Court as not only is the same contrary to the 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 -3- 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 . Accordingly, ld. Tribunal had assessed per month. The contention of the appellants that deceased was also earning per month from her boutique was rejected as, although claimants had led 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 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 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 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 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 an addition of 25% towards future prospects; and correctly applied multiplier of 13, which is, as per law. Claimant No.1 being 29-year-old son of the deceased, was 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 was earning pension and therefore claimant No.1 was also dependent upon her, urt as not only is the same contrary to the 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 duly proved the family pension order Ex.CW4/A; and documents Ex.CW4/B to was . Accordingly, ld. Tribunal had assessed The contention of the appellants that deceased was also earning though claimants had led 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 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 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 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 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 an addition of 25% towards future prospects; and correctly applied multiplier of old son of the deceased, was old Daughter was held 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, urt as not only is the same contrary to the 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 TRIPTI SAINI 2026.05.22 17:48 I attest to the accuracy and integrity of this document FAO-2013-2025 (O&M) financially dependent upon the deceased. According made a deduction of 50% towards personal expenses. 10. Under the conventional heads Tribunal has awarded an amount of ₹40000/- each to both the claimants by way of consortium; and loss of the estate; and compensation of 11. 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 to the appellants. Nothing whatsoever has been shown to this Court that would merit enhancement of the compensation. No doubt Chapter beneficial legislation yet, as cautioned by the Hon’ble Supreme Court, the same cannot be allowed to be treated as a Supreme Court in 64043 and “Divisional Controller K.S.R.T.C. Vs. Mahadeva Shetty and another” (2003) 7 SCC 197 reasonable, it should neither be a bonanza nor a source of profit but at the same time it should not be a pittance. 12. Accordingly, the present Appeal stands 13. Pending applicatio April 21, 2026 tripti Whether speaking/non Whether reportable 2025 (O&M) financially dependent upon the deceased. According made a deduction of 50% towards personal expenses. Under the conventional heads Tribunal has awarded an amount of each to both the claimants by way of consortium; and loss of the estate; and ₹18000/- towards funeral expenses, thereby awarding total compensation of ₹22,72,320/-. 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 nts. Nothing whatsoever has been shown to this Court that would merit enhancement of the compensation. No doubt Chapter beneficial legislation yet, as cautioned by the Hon’ble Supreme Court, the same cannot be allowed to be treated as a windfall or a source of profit. Hon’ble Supreme Court in “State of Haryana Vs. Jasbir Kaur” Law Finder Doc ID # “Divisional Controller K.S.R.T.C. Vs. Mahadeva Shetty and another” (2003) 7 SCC 197, has held that the amount of compensation should be just and reasonable, it should neither be a bonanza nor a source of profit but at the same time it should not be a pittance. Accordingly, the present Appeal stands Pending application(s), if any, also stand(s) disposed of. Whether speaking/non-speaking : Speaking Whether reportable : Yes/No -4- financially dependent upon the deceased. Accordingly, ld. Tribunal has correctly made a deduction of 50% towards personal expenses. Under the conventional heads Tribunal has awarded an amount of each to both the claimants by way of consortium; and ₹18000/- by way of towards funeral expenses, thereby awarding total 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 nts. Nothing whatsoever has been shown to this Court that would merit enhancement of the compensation. No doubt Chapter-12 of the Act is a beneficial legislation yet, as cautioned by the Hon’ble Supreme Court, the same windfall or a source of profit. Hon’ble State of Haryana Vs. Jasbir Kaur” Law Finder Doc ID # “Divisional Controller K.S.R.T.C. Vs. Mahadeva Shetty and another” has held that the amount of compensation should be just and reasonable, it should neither be a bonanza nor a source of profit but at the same Accordingly, the present Appeal stands dismissed. n(s), if any, also stand(s) disposed of. (NIDHI GUPTA) JUDGE ly, ld. Tribunal has correctly Under the conventional heads Tribunal has awarded an amount of by way of towards funeral expenses, thereby awarding total 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 nts. Nothing whatsoever has been shown to this Court that would 12 of the Act is a beneficial legislation yet, as cautioned by the Hon’ble Supreme Court, the same windfall or a source of profit. Hon’ble State of Haryana Vs. Jasbir Kaur” Law Finder Doc ID # “Divisional Controller K.S.R.T.C. Vs. Mahadeva Shetty and another” has held that the amount of compensation should be just and reasonable, it should neither be a bonanza nor a source of profit but at the same TRIPTI SAINI 2026.05.22 17:48 I attest to the accuracy and integrity of this document