FAO-1671-2019 243-2 IN THE HIGH COURT OF PUNJAB AND HARYANA Rajbir and Another Gulzar @ Moh. CORAM : HON’BLE MS. JUSTICE NIDHI GUPTA Present: Mr. Deepak Kundu, Advocate for the appellants. Mr. Sanjeev Goyal, Advocate for respondent No.3 NIDHI GUPTA, J. CM-5031-CII-201 Prayer read with Section 151 of CPC is for condonation of delay of 63 days in filing the accompanying appeal. 2. Heard. 3. For the reasons mentioned in the application which is supported by an affidavit of the applicant/appellant, the same is allowed and delay of 63 days in filing the accompanying appeal is condoned. FAO-1671-2019 At the very outset, it may first be pointed out that although the present appeal is of the year 2019, but notice is y sheets show that since the inception of the appeal, the matter has been repeatedly adjourned, either at the request of or due to the non 2019 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- FAO Date of Decision : 21.04.2026 Rajbir and Another VERSUS Gulzar @ Moh. Gulzar and Others CORAM : HON’BLE MS. JUSTICE NIDHI GUPTA Mr. Deepak Kundu, Advocate for the appellants. Mr. Sanjeev Goyal, Advocate for respondent No.3 -.- NIDHI GUPTA, J. 2019 Prayer in this application filed under Section 5 of the Limitation Act read with Section 151 of CPC is for condonation of delay of 63 days in filing the accompanying appeal. Heard. For the reasons mentioned in the application which is supported by an idavit of the applicant/appellant, the same is allowed and delay of 63 days in filing the accompanying appeal is condoned. 2019 At the very outset, it may first be pointed out that although the present appeal is of the year 2019, but notice is yet to be issued in the main appeal. Order sheets show that since the inception of the appeal, the matter has been repeatedly adjourned, either at the request of or due to the non -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-1671-2019 (O&M) Date of Decision : 21.04.2026 ....Appellants ....Respondents CORAM : HON’BLE MS. JUSTICE NIDHI GUPTA Mr. Deepak Kundu, Advocate for the appellants. Mr. Sanjeev Goyal, Advocate for respondent No.3 – Insurance Co. in this application filed under Section 5 of the Limitation Act read with Section 151 of CPC is for condonation of delay of 63 days in filing the For the reasons mentioned in the application which is supported by an idavit of the applicant/appellant, the same is allowed and delay of 63 days in At the very outset, it may first be pointed out that although the present et to be issued in the main appeal. Order sheets show that since the inception of the appeal, the matter has been repeatedly adjourned, either at the request of or due to the non-appearance on behalf of Insurance Co. in this application filed under Section 5 of the Limitation Act read with Section 151 of CPC is for condonation of delay of 63 days in filing the For the reasons mentioned in the application which is supported by an idavit of the applicant/appellant, the same is allowed and delay of 63 days in At the very outset, it may first be pointed out that although the present et to be issued in the main appeal. Order sheets show that since the inception of the appeal, the matter has been repeatedly appearance on behalf of TRIPTI SAINI 2026.04.23 18:09 I attest to the accuracy and integrity of this document FAO-1671-2019 learned counsel for the appellants. Even today, a req made by learned counsel for the appellants. However, keeping in view the above facts, the said request was declined. 2. Present of compensation of Rs.2,00,000/ Tribunal, Panipat (hereinafter referred to as “the learned Tribunal”) vide Award dated 11.07.2018 passed in MACT Claim Petition No.61 dated 10.10.2016 filed under Section 166 of the Motor Vehicles Act, (hereinafter ref The two claimants are 26 Jasmeen alias Kittu, who was about 01 3. Brief facts of the case are that the Tribunal upon appraisal of the of pleadings and oral and documentary evidence adduced by the parties had concluded that deceased by her in a motor vehicular acci due to rash and negligence driving of a Car bearing registration No. HR (hereinafter ‘the offending vehicle’) being driven by respondent No.1, owned by respondent No.2 and insured by respondent No.3 been awarded along with interest at the rate of 7.5% per annum. The liability to pay said compensation was held to be jointly and severely. 4. Ld. counsel for the appellants seeks enhancement of compensation by submitting that finding of the learned Tribunal qua the quantum of compensation is against settled law and is very inadequate. It is contended that the learned Tribunal has awarded a sum of Rs.2,00,000/ love and affection etc. Moreover, interest also should have been awarded at the rate 2019 (O&M) learned counsel for the appellants. Even today, a req made by learned counsel for the appellants. However, keeping in view the above facts, the said request was declined. Present appeal has been filed by the claimants seeking enhancement of compensation of Rs.2,00,000/- awarded by the learned Motor Accident Claims Tribunal, Panipat (hereinafter referred to as “the learned Tribunal”) vide Award dated 11.07.2018 passed in MACT Claim Petition No.61 dated 10.10.2016 filed under Section 166 of the Motor Vehicles Act, (hereinafter ref The two claimants are 26-year-old father and 24 Jasmeen alias Kittu, who was about 01-year-old at the time of accident. Brief facts of the case are that the Tribunal upon appraisal of the of pleadings and oral and documentary evidence adduced by the parties had concluded that deceased-Jasmeen alias Kittu had died due to the injuries suffered by her in a motor vehicular accident that took place on 12.10.2014 at 12:00 noon due to rash and negligence driving of a Car bearing registration No. HR (hereinafter ‘the offending vehicle’) being driven by respondent No.1, owned by respondent No.2 and insured by respondent No.3 been awarded along with interest at the rate of 7.5% per annum. The liability to pay said compensation was held to be jointly and severely. Ld. counsel for the appellants seeks enhancement of compensation by hat finding of the learned Tribunal qua the quantum of compensation is against settled law and is very inadequate. It is contended that the learned Tribunal has awarded a sum of Rs.2,00,000/- without assessing any future prospects, loss of on etc. Moreover, interest also should have been awarded at the rate -2- learned counsel for the appellants. Even today, a request for a adjournment was made by learned counsel for the appellants. However, keeping in view the above appeal has been filed by the claimants seeking enhancement by the learned Motor Accident Claims Tribunal, Panipat (hereinafter referred to as “the learned Tribunal”) vide Award dated 11.07.2018 passed in MACT Claim Petition No.61 dated 10.10.2016 filed under Section 166 of the Motor Vehicles Act, (hereinafter referred to as “the Act”). old father and 24-year-old mother of the deceased old at the time of accident. Brief facts of the case are that the Tribunal upon appraisal of the of pleadings and oral and documentary evidence adduced by the parties had Jasmeen alias Kittu had died due to the injuries suffered dent that took place on 12.10.2014 at 12:00 noon due to rash and negligence driving of a Car bearing registration No. HR-76A-4748 (hereinafter ‘the 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 along with interest at the rate of 7.5% per annum. The liability to pay said compensation was held to be jointly and severely. Ld. counsel for the appellants seeks enhancement of compensation by hat finding of the learned Tribunal qua the quantum of compensation is against settled law and is very inadequate. It is contended that the learned Tribunal without assessing any future prospects, loss of on etc. Moreover, interest also should have been awarded at the rate uest for a adjournment was made by learned counsel for the appellants. However, keeping in view the above appeal has been filed by the claimants seeking enhancement by the learned Motor Accident Claims Tribunal, Panipat (hereinafter referred to as “the learned Tribunal”) vide Award dated 11.07.2018 passed in MACT Claim Petition No.61 dated 10.10.2016 filed erred to as “the Act”). old mother of the deceased Brief facts of the case are that the Tribunal upon appraisal of the of pleadings and oral and documentary evidence adduced by the parties had Jasmeen alias Kittu had died due to the injuries suffered dent that took place on 12.10.2014 at 12:00 noon 4748 (hereinafter ‘the offending vehicle’) being driven by respondent No.1, owned by . The above compensation has been awarded along with interest at the rate of 7.5% per annum. The liability to Ld. counsel for the appellants seeks enhancement of compensation by hat finding of the learned Tribunal qua the quantum of compensation is against settled law and is very inadequate. It is contended that the learned Tribunal without assessing any future prospects, loss of on etc. Moreover, interest also should have been awarded at the rate TRIPTI SAINI 2026.04.23 18:09 I attest to the accuracy and integrity of this document FAO-1671-2019 of at least 12%. It is accordingly prayed that the present appeal be allowed and the compensation of Rs.10,00,000/ 5. Per contra, Company vehemently opposes the submissions advanced on behalf of the appellants and submits that learned Tribunal has awarded the adequate compensation. Accordingly, dismissal of the appeal is prayed for. 6. No other argument is ra 7. 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. 8. A perusal of the record shows that the deceased was the infant daughter of the claimants. The learned Tribunal had considered the fact that on account of the death of their daughter, the claimants, as parents would have undergone trauma, pain, and suffering. And due to the death of their daughter, irreparable loss had been caused to the claimants. Accordingly, learned Tribunal had awarded lump sum compensation of 9. I find similar cases, similar compensation h In this regard, reference is made to judgments of the Hon'ble Supreme Court in Rajendra Singh and others vs National Insurance Company Limited and others, 2020 (3) RCR (Civil) 26 had awarded compensation of Rs.2.95 lacs; and Lala and others, 2013 ACJ 2594 (SC) compensation of Rs.5 lacs was awarded; and of this Court in Sudarshan Kumar and Others, 2015 ACJ 1728 old and compensation of Rs.5.00 lacs was awarded. 2019 (O&M) of at least 12%. 2019 (O&M) of at least 12%. It is accordingly prayed that the present appeal be allowed and the compensation of Rs.10,00,000/- be awarded to the claimants. Per contra, learned counsel for resp Company vehemently opposes the submissions advanced on behalf of the appellants and submits that learned Tribunal has awarded the adequate compensation. Accordingly, dismissal of the appeal is prayed for. 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 shows that the deceased was the daughter of the claimants. The learned Tribunal had considered the fact that on account of the death of their daughter, the claimants, as parents would have undergone trauma, pain, and suffering. And due to the death of their daughter, irreparable loss had been caused to the claimants. Accordingly, learned Tribunal had awarded lump sum compensation of ₹2 lakhs to the appellants. I find no ground is made out for enhancement of compensation, as in similar cases, similar compensation has been awarded by the Hon’ble Apex Court. this regard, reference is made to judgments of the Hon'ble Supreme Court Rajendra Singh and others vs National Insurance Company Limited and others, 2020 (3) RCR (Civil) 26 - wherein deceased was 12 years had awarded compensation of Rs.2.95 lacs; and Lala and others, 2013 ACJ 2594 (SC) - wherein deceased was 10 years old and compensation of Rs.5 lacs was awarded; and of this Court in mar and Others, 2015 ACJ 1728 old and compensation of Rs.5.00 lacs was awarded. -3- of at least 12%. It is accordingly prayed that the present appeal be allowed and the be awarded to the claimants. learned counsel for respondent No.3 – Insurance Company vehemently opposes the submissions advanced on behalf of the appellants and submits that learned Tribunal has awarded the adequate compensation. Accordingly, dismissal of the appeal is prayed for. ised 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 shows that the deceased was the one year old daughter of the claimants. The learned Tribunal had considered the fact that on account of the death of their daughter, the claimants, as parents would have undergone trauma, pain, and suffering. And due to the death of their daughter, irreparable loss had been caused to the claimants. Accordingly, learned Tribunal ₹2 lakhs to the appellants. no ground is made out for enhancement of compensation, as in as been awarded by the Hon’ble Apex Court. this regard, reference is made to judgments of the Hon'ble Supreme Court Rajendra Singh and others vs National Insurance Company Limited and wherein deceased was 12 years old and the Court had awarded compensation of Rs.2.95 lacs; and Kishan Gopal and another vs wherein deceased was 10 years old and compensation of Rs.5 lacs was awarded; and of this Court in Shashi Bala Vs. mar and Others, 2015 ACJ 1728 – wherein deceased was 17 years old and compensation of Rs.5.00 lacs was awarded. of at least 12%. It is accordingly prayed that the present appeal be allowed and the Insurance Company vehemently opposes the submissions advanced on behalf of the appellants and submits that learned Tribunal has awarded the adequate ised on behalf of ld. counsel for the appellants. I have heard learned counsel and perused the case file in detail. I find one year old daughter of the claimants. The learned Tribunal had considered the fact that on account of the death of their daughter, the claimants, as parents would have undergone trauma, pain, and suffering. And due to the death of their daughter, irreparable loss had been caused to the claimants. Accordingly, learned Tribunal no ground is made out for enhancement of compensation, as in as been awarded by the Hon’ble Apex Court. this regard, reference is made to judgments of the Hon'ble Supreme Court Rajendra Singh and others vs National Insurance Company Limited and old and the Court Kishan Gopal and another vs wherein deceased was 10 years old and Shashi Bala Vs. wherein deceased was 17 years TRIPTI SAINI 2026.04.23 18:09 I attest to the accuracy and integrity of this document FAO-1671-2019 10. Learned counsel for the appellants is unable to dispute or controvert the aforesaid legal position. 11. The present Appeal is accordingly 12. Pending application(s), if any, also stand(s) disposed of. April 21, 2026 tripti Whether speaking/non Whether reportable 2019 (O&M) Learned counsel for the appellants is unable to dispute or controvert the aforesaid legal position. The present Appeal is accordingly dismissed Pending application(s), if any, also stand(s) disposed of. Whether speaking/non-speaking : Speaking Whether reportable : Yes/No -4- Learned counsel for the appellants is unable to dispute or controvert dismissed. Pending application(s), if any, also stand(s) disposed of. (NIDHI GUPTA) JUDGE speaking : Speaking : Yes/No Learned counsel for the appellants is unable to dispute or controvert TRIPTI SAINI 2026.04.23 18:09 I attest to the accuracy and integrity of this document