Research › Search › Judgment

High Court of Punjab and Haryana · body

2025 DAILYLAW 3485 (PNJ)

PREM CHAND AND ANOTHER v. ROHIT KUMAR AND OTHERS

FAO/2379/2025 · 2026-04-29

Deepak Gupta

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** 110 CM-7552-CII-2025; CM-7551-CII-2025 in/and FAO-2379-2025 (O&M) Date of Decision: 29.04.2026 Prem Chand and Another …..Appellants Vs. Rohit Kumar and Others .….Respondents CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Arun Chander Sharma, Advocate for the appellants. **** DEEPAK GUPTA, J. (ORAL) CM-7552-CII-2025: This is an applicaon under Secon 5 of the Limitaon Act read with Secon 151 CPC to condone the delay of 62 days in filing the appeal. For the reasons menoned in the applicaon duly supported by affidavit of Prem Chand, one of the applicant, delay of 62 days in filing the appeal is hereby condoned. Applicaon stands disposed of accordingly. Main case.: On account of death of Vikram, 32 years old unmarried boy, due to user of motorcycle No.HP-18B-7909, his parents (appellants herein) filed a claim peon under Secon 163-A of the Motor Vehicle Act. Learned Tribunal by way of the award dated 08.11.2024 held the appellants to be entled to compensaon of ₹4,44,500/-. Said amount was held liable to be paid by the respondents jointly and severally along with interest. NEETIKA TUTEJA 2026.04.29 15:53 I attest to the accuracy and integrity of this document CM-7552-CII-2025; CM-7551-CII-2025 in/and FAO-2379-2025 (O&M) -2- It is submi;ed by learned counsel for the appellants that in view of amended provisions of Secon 164 of the Motor Vehicle Act, which has replaced Secon 163-A of the Motor Vehicle Act, the appellants are entled to lump sum amount of ₹5,00,000/-. Noce of moon to respondent No.5- Insurance Company. Mr. Sarthak Mehta, Advocate appears on behalf of Mr. PHS Pannu, Advocate, who is stated to be on the panel of respondent No.5 accepts noce. Learned counsel could not refute the aforesaid contenons. Consequently the present appeal is hereby accepted. It is held that appellants will be entled to total compensaon of ₹5,00,000/- which is payable to them jointly and severally by the respondents along with interest @ 7.5% per annum from the date of filing of the claim peon ll actual realizaon. The amount already awarded by the Tribunal shall be deducted. Disposed of accordingly. Pending applicaon(s), if any, also stands disposed of. (DEEPAK GUPTA) JUDGE April 29, 2026 Neeka Tuteja Whether Speaking/reasoned Yes/No Whether Reportable Yes/No NEETIKA TUTEJA 2026.04.29 15:53 I attest to the accuracy and integrity of this document