FAO-3547-2023 (O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 126 FAO-3547-2023 (O&M) Date of decision: 23.02.2026 Neelam Devi ….Appellant Versus Ramit Aggarwal & ors. ....Respondents CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Ishan Singh Cooner, Advocate for the appellant. NIDHI GUPTA, J. 1. Present appeal has been filed by the claimant seeking enhancement of compensa"on of Rs. 7,88,200/- awarded by the Motor Accident Claims Tribunal, Ambala (hereina-er ‘the learned Tribunal’) vide Award dated 01.04.2023 passed in MACP Case No.1774/2020 dated 10.09.2020 filed under Sec"on 166 of the Motor Vehicles Act (hereina-er “the Act”). The sole claimant is the mother of the deceased Munish, who was 23 years 3 months old at the "me of accident. 2. Brief facts of the case are that the ld. Tribunal on the basis of pleadings and oral & documentary evidence adduced by the par"es, concluded that the deceased Munish had died due to the injuries suffered by him in a motor vehicular accident that took place on 05.07.2020 due to the rash and negligent driving of Innova Car bearing registra"on No.HP-18C-0005 (hereina-er “the offending vehicle”) being driven by respondent No.1, owned MONIKA VERMA 2026.02.27 14:53 I attest to the accuracy and authenticity of this order/judgment chandigarh FAO-3547-2023 (O&M) 2 by respondent No.2 and insured by respondent No.3. Learned Tribunal had held deceased liable for contributory negligence to the extent of 50% on account of the fact that the deceased was triple riding on the motor cycle bearing Registra"on No. HR-85C-8273 which was being driven by Gaurav, on which the deceased Munish and Nandini were pillion riders. The said compensa"on has been awarded along with interest @ 7.5% per annum; and respondents No.1 to 3 were held jointly and severally liable to pay the compensa"on amount. 3. Learned counsel for the appellant seeks enhancement of compensa"on by submiEng that meagre amount has been awarded under the Conven"onal heads; and that the Tribunal has awarded interest only @7.5% per annum; whereas the interest rate ought to have been awarded 12% per annum. It is further submiFed that the deduc"on made by the Tribunal on account of contributory negligence is incorrect as the deceased was only a pillion rider on the motorcycle driven by Gaurav. Moreover, FIR stands registered against respondent No.1 Driver of Innova Car, who is facing criminal trial. As such, findings of the Tribunal in this regard are not sustainable in the eyes of law and liable to be reversed. It is accordingly prayed that the present Appeal be allowed; and the compensa"on payable to the appellant be enhanced as above; and the finding of contributory negligence be reversed. MONIKA VERMA 2026.02.27 14:53 I attest to the accuracy and authenticity of this order/judgment chandigarh FAO-3547-2023 (O&M) 3 4. No other argument is made on behalf of the appellant. I have heard learned counsel and perused the case file in detail. I find no merit in the submissions advanced on behalf of the appellant. 5. The pleaded case of the appellant before the learned Tribunal as recorded in para 3 of the impugned Award is as follows: - “3. Giving the details of accident, per common pleadings, claimants pleaded that on 05.07.2020, Manish Patel (since deceased) alongwith Nandani and Gaurav (claimant) were going from Ambala Can&. to Manji Sahib Gurudwara, Ambala City by riding on motorcycle bearing registra*on no.HR-85-C-8273, being driven by claimant Gaurav, whereas Munish Patel and Nandani were the pillion riders. At about 2.00 p.m. when they reached near Air Force Sta*on, Ambala Can&., one Innova Car bearing registra*on No.HP-18C-0005 was going ahead of the motorcycle and the said car was being driven by its driver/respondent no.1 rashly, negligently and in zig-zag manner and without observing the traffic rules and suddenly the said without giving any signal applied brakes, due to which, the motorcycle struck against Swi6 Dzire Car bearing registra*on no.HR01-AH-7119, which was coming from Ambala City side, in a rash and negligent manner and without observing the traffic rules. Due to the impact, all occupants of the motorcycle fell down on road and suffered mul*ple simple and serious injuries and motorcycle was also got damaged. Manish Patel suffered serious injuries on his head. Public persons also gathered there and an ambulance came to the spot wherein all the injured were shi6ed to Civil Hospital, MONIKA VERMA 2026.02.27 14:53 I attest to the accuracy and authenticity of this order/judgment chandigarh FAO-3547-2023 (O&M) 4 Ambala Can&. where Manish Patel was declared as brought dead. His postmortem was also conducted in the said hospital.” 6. Learned Tribunal on basis of the evidence has recorded that upon inves"ga"on, challan was only filed against respondent No.1/driver of Innova Car before the concerned Area Magistrate and charges have been framed against him for causing the accident in ques"on. Ini"ally, FIR was registered against respondent No.1 driver of offending Innova Car and respondent No.4/driver of Swi- Dzire Car, but a-er inves"ga"on, respondent No.4/driver of the Swi- Dzire was found to be innocent. These facts are evident from Ex.R13 copy of challan u/s 173 Cr.PC; and Ex. R14 copy of order dated 18.08.2022, vide which respondent No.1 was chargesheeted by the JMIC Ambala. 7. Learned Tribunal has also taken due note of the fact that PW2 Gaurav driver of the motorcycle on which the deceased was pillion rider had admiFed that at the "me of accident there were three persons riding on the motorcycle. PW2 Gaurav had also admiFed that one case of snatching has been registered against him whereon he had remained in jail for some "me. 8. From the facts narrated above, it is clear that at the "me of accident, the deceased was triple riding on the motorcycle in ques"on. This fact has also not been denied by learned counsel for the appellant. In this view of the maFer, no ground is made out to reverse the finding of contributory negligence against the deceased. In this regard, reference is MONIKA VERMA 2026.02.27 14:53 I attest to the accuracy and authenticity of this order/judgment chandigarh FAO-3547-2023 (O&M) 5 made to a judgment passed by this Court in Angrejo Devi v. Jai Parkash (P&H): Law Finder Doc Id # 401182; wherein it is held as under:- “Motor Vehicles Act, 1988, Sec*on 128 - Motor Vehicles Act, 1988, Sec*on 166 - Contributory negligence - Fatal motor accident - Deceased was driving with two passengers on pillion seat in viola*on of Sec*on 128 of M.V. Act - Accident caused by rash and negligent driving of motor cycle by respondent – The deceased was aged 50 years and there was every possibility of losing control - Held, it was case of contributory negligence of deceased in the ra*o of 50% each.” 9. Reference is also made to judgment passed by Madras High Court in Managing Director, Tamil Nadu State Trans. Corpn. Ltd. v. Abdul Salam (Madras)(DB): Law Finder Doc Id # 380518; holding that:- “A. Rash and Negligence - Contributory negligence – Pillion rider - Triple riding - Collision between a bus and motor cycle resul*ng in death of one of the pillion riders - Deceased was travelling in motor cycle as one pillion riders - Tribunal held that accident occurred due to rash and negligent driving of the bus- Defence that three persons were riding the motor cycle and it was unbalanced and accident occurred due to rash and negligent driving of the motor cycle - Motorcyclist was at fault for carrying two pillion riders not permi&ed by law - Hence, Held that deceased was liable for 5% of contribute or negligence and consequently 50% of the compensa*on is deducted to words contributory negligent - Appellate court reversed the finding and MONIKA VERMA 2026.02.27 14:53 I attest to the accuracy and authenticity of this order/judgment chandigarh FAO-3547-2023 (O&M) 6 held the deceased guilty of contributory negligence to the extent of 50 per cent - Therefore, appeal partly allowed.” 10. Given the above facts, learned Tribunal had correctly held that Gaurav was negligent to the accident to the extent of 50% in causing the accident in ques"on as at that "me three persons were riding on the motorcycle. The concerned findings recorded by learned Tribunal in paragraphs 36 and 37 are as under: - “36. Further, in FIR Ex.P35, lodged by Nandini, who along with Manish (deceased) were the pillion riders on the motorcycle of claimant Gaurav, it is men*oned that Gaurav was driving the motorcycle at high speed and she and Manish had asked him (Gaurav) to drive the motorcycle at slow speed. 37. Further, statement Ex.R1 and Ex.R2 of claimant- injured Gaurav were also recorded by the police, wherein it has been specifically stated by Gaurav that he was driving the motorcycle very rashly and the girl (Nandini) and Manish were asking him to drive the same slowly but since they were to return early, therefore, he had increased the speed of motorcycle. When they just crossed in front of the Air Force Sta*on,the driver of Innova Car going ahead, had slowed down its speed, but the (Gaurav) could not apply sudden brakes, due to which his motorcycle hit/struck behind the Innova Car. There is no evidence on record that at the *me of recording his statement Ex.R1 and Ex.R2, claimant/injured Gaurav was unfit and not in his senses to MONIKA VERMA 2026.02.27 14:53 I attest to the accuracy and authenticity of this order/judgment chandigarh FAO-3547-2023 (O&M) 7 make such statement on 07.07.2020. The statement Ex.R1 was thumb marked by Gaurav and even same was endorsed to be correct by his mother Sakina.” 11. It is also on record that Gaurav driver of the motorcycle was unable to prove or produce that he was holding driving licence at the "me of accident. 12. As regards the other submissions made on behalf of the learned counsel for the appellant regarding quantum of compensa"on, the same are also liable to be rejected. It is the pleaded case that prior to the accident, deceased Munish was painter by profession and earning Rs.15000/ per month. However, the appellant had failed to produce any proof of income or avoca"on. Appellant had even failed to bring anything on record to show that deceased has any educa"onal qualifica"on or had any cer"ficate or diploma in pain"ng. Accordingly, Tribunal had assessed the income of the deceased as that of unskilled labourer as Rs.9458.25 per month (rounded off to Rs.9500/ per month) as per the relevant Minimum Wages No"fica"on issued by the State of Haryana. I find no error in the same. 13. Age of deceased was determined to be 23 years 3 months at the "me of accident on the basis of his Aadhar Card wherein date of birth of the deceased was shown as 10.03.1997. Accordingly, the Tribunal had correctly made an addi"on of 40% towards future prospects; and correctly applied mul"plier of 18. As deceased was a bachelor at the "me of accident, learned MONIKA VERMA 2026.02.27 14:53 I attest to the accuracy and authenticity of this order/judgment chandigarh FAO-3547-2023 (O&M) 8 Tribunal had correctly made a deduc"on of 50% towards personal expense; thereby calcula"ng total compensa"on to be ₹14,36,400/–. However, a deduc"on of 50% was made towards contributory in negligence as the motorcycle was owned by deceased Manish himself, thereby calcula"ng compensa"on amount to be ₹7,18,200/–. Under the conven"onal heads, Tribunal has awarded an amount of Rs.40,000/- towards loss of consor"um, Rs.15,000/- towards funeral expenses and transporta"on; and Rs.15000/ towards loss of estate; thereby gran"ng total compensa"on of Rs.7,88,200/. 14. In view of the above no ground is made out to interfere in the impugned Award. The present appeal, accordingly, stands Dismissed. 15. Pending applica"on(s) if any also stand(s) disposed of. (NIDHI GUPTA) 23.02.2026 JUDGE monika i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No MONIKA VERMA 2026.02.27 14:53 I attest to the accuracy and authenticity of this order/judgment chandigarh