GAYATRI AND ANOTHER v. BIJENDER ALIAS PETLA AND OTHERS
FAO/5197/2023 · 2026-07-09
Deepak Gupta
body2023
DailyLaw.ai
[ 2023 DAILYLAW 5698 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2023 DAILYLAW 5698 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
126 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM-17656-CII-2023 in/and FAO-5197-2023 (O&M) Date of Decision: July 09, 2026 Smt. Gayatri and another … Appellants Versus Bijender alias Petla and others …Respondents
CORAM:
HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Abhishek Chha, Advocate for the appellants.
DEEPAK GUPTA
, J.(Oral)
CM-17656-CII-2023 This is an applicaon under Secon 5 of the Limitaon Act to condone the delay of 56 days in filing the appeal. Heard. For the reasons as menoned in the applicaon, supported by an affidavit of the appellant, delay of 56 days in filing the appeal is hereby condoned. The applicaon stands disposed of.
FAO-5197-2023 (O&M) On account of the death of one Lajpat alias Pappu, an unmarried person of 34 years of age in a motor vehicular accident, claim peon under Secon 166 of the Motor Vehicles Act, 1988 was filed by her mother and alleged adopted child. The Motor Accident Claims Tribunal, Sonipat (hereina2er referred as ‘the Tribunal) by way of award dated 12.04.2023 has awarded compensaon of `10,98,440/- payable by the respondents, i.e. driver, owner and insurer of the offending vehicle along with interest.
2. The only contenon raised by learned counsel for the appellants is that the deceased le2 behind his mother (claimant No.1) and SARITA RANI 2026.07.09 17:18 I attest to the accuracy of this document/order
CM-17656-CII-2023 in/and - 2 - 2026:PHHC:092834 FAO-5197-2023 (O&M) adopted minor daughter (claimant No.2), but the Tribunal has considered the claim of claimant No.1 only and not of minor daughter (claimant No.2).
3. A2er perusing the award, this Court does not find merit in the aforesaid contenon.
4. It has been observed by the Tribunal that no evidence whatsoever has been produced that claimant No.2 – Kumari Parbha was ever adopted by deceased – Lajpat alias Pappu at any point of me.
5.
Learned counsel for the appellants has fairly conceded that neither there is any documentary evidence nor any other cogent evidence to prove the alleged adopon.
6. In view of the aforesaid facts and circumstances, the Tribunal did not commit any error in rejecng the claim qua claimant No.2. Finding the present appeal to be devoid of any merit, the same is hereby dismissed. July 09, 2026
(DEEPAK GUPTA) sarita
JUDGE Whether reasoned/speaking: Yes/No Whether reportable: Yes/No
SARITA RANI 2026.07.09 17:18 I attest to the accuracy of this document/order