FAO. 4665-200 IN THE HIGH COURT OF PUNJAB & HARYANA Gurvinder Singh Krishan and other CORAM: HON'BLE MRS. JUSTICE Present: Mr. for the appellant. None Ms. Jyotsna Saini, Advocate for Mr. Ashish Yadav, Advocate for respondent No. 3. **** SUDEEPTI SHARMA J. 1. The case is listed before this Court for referral to the “Special Mediation Drive 2. Learned counsels for the parties contend that there is no possibility of settling the dispute before the 3. Both the parties are agreed that the matter and accordingly, the same is taken up for disposal. 4. The present appeal has been preferred against the award dated 22.07.2006 passed in the claim petition filed under Section Vehicles Act, 1988 short, 'the Tribunal') claimant/appellant 2006 (O&M) IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH FAO-4665-2006 Date of decision Gurvinder Singh Vs. and others HON'BLE MRS. JUSTICE SUDEEPTI SHARMA Mr. Ashit Malik, Advocate for the appellant. None for respondent No. 1 and 2 Ms. Jyotsna Saini, Advocate for Mr. Ashish Yadav, Advocate for respondent No. 3. **** SUDEEPTI SHARMA J. The case is listed before this Court for referral to the “Special Mediation Drive-Mediation ‘For the Nation’ List”. Learned counsels for the parties contend that there is no possibility of settling the dispute before the Mediation Centre of this Court. Both the parties are agreed that the matter and accordingly, the same is taken up for disposal. The present appeal has been preferred against the award dated passed in the claim petition filed under Section 1988 by the learned Motor Accident Claims Tribunal, short, 'the Tribunal') for enhancement of compensation granted to the claimant/appellant on account of injuries suffered by him -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 6 (O&M) Date of decision: 08.07.2025 ......Appellant ......Respondents SUDEEPTI SHARMA Ms. Jyotsna Saini, Advocate for Mr. Ashish Yadav, Advocate The case is listed before this Court for referral to the “Special Mediation ‘For the Nation’ List”. Learned counsels for the parties contend that there is no possibility of Mediation Centre of this Court. Both the parties are agreed that the matter be heard and decided today and accordingly, the same is taken up for disposal. The present appeal has been preferred against the award dated passed in the claim petition filed under Section 163-A of the Motor by the learned Motor Accident Claims Tribunal, Panipat (for for enhancement of compensation granted to the injuries suffered by him in a Motor Vehicular The case is listed before this Court for referral to the “Special Learned counsels for the parties contend that there is no possibility of decided today The present appeal has been preferred against the award dated of the Motor (for for enhancement of compensation granted to the ehicular Gaurav Arora 2025.08.12 09:12 I attest to the accuracy and integrity of this document FAO. 4665-200 accident, occurred on compensation to the tune of 5. As sole issue for determination in the present appeal is confined to quantum of compensation awarded by the learned Tribunal, a detailed narration of the facts of the case SUBMISSIONS OF THE 6. Learned counsel for the claimant submissions:- 2006 (O&M) occurred on 17.05.2005, whereby the ompensation to the tune of Rs.2,00,000/-. As sole issue for determination in the present appeal is confined to quantum of compensation awarded by the learned Tribunal, a detailed narration of the facts of the case is not required to be reproduced for the sake of brevity. SUBMISSIONS OF THE LEARNED COUNSELS earned counsel for the claimant- i) That the amount assessed by the learned Tribunal is on the lower side. ii) That Section 163-A of Motor Vehicles Act, 1988 substituted by Section 164 of Motor Vehicles Act, 1988 (Act 32 of 2019 w.e.f 01.04.2022) and compensation should be enhanced as per the substituted statutory provision i.e. Section 164 of the Act. iii) That the present case is covered by rendered by this Court in “Akaljit Kaur and Others Vs. Parveen Kumar and Others wherein the claim under Section 163 Act, 1988 was converted to Section 164 1988 (Act 32 of 2019 w.e.f 01.04.2022) judgment of Hon’ble Supreme Court in the case of and others Vs. Punjab State Electricity Board 738] wherein it was held that Section 164 of the Motor Vehicles Act, 1988 (Act 32 of 2019 w.e.f -2- , whereby the claimant/appellant was granted As sole issue for determination in the present appeal is confined to quantum of compensation awarded by the learned Tribunal, a detailed narration of reproduced for the sake of brevity. COUNSELS FOR THE PARTIES -appellant has made the following hat the amount assessed by the learned Tribunal is on of Motor Vehicles Act, 1988 is now substituted by Section 164 of Motor Vehicles Act, 1988 (Act 32 of 2019 w.e.f 01.04.2022) and compensation should be enhanced as per the substituted statutory provision i.e. Section That the present case is covered by the judgment this Court in FAO No.4301 of 2006, titled as Akaljit Kaur and Others Vs. Parveen Kumar and Others herein the claim under Section 163-A of the Motor Vehicles Act, 1988 was converted to Section 164 of Motor Vehicles Act, .f 01.04.2022) by relying upon the Supreme Court in the case of Ram Murti and others Vs. Punjab State Electricity Board [2022(4) TAC herein it was held that Section 164 of the Motor Vehicles (Act 32 of 2019 w.e.f 01.04.2022) provides for granted As sole issue for determination in the present appeal is confined to quantum of compensation awarded by the learned Tribunal, a detailed narration of appellant has made the following hat the amount assessed by the learned Tribunal is on is now substituted by Section 164 of Motor Vehicles Act, 1988 (Act 32 of 2019 w.e.f 01.04.2022) and compensation should be enhanced as per the substituted statutory provision i.e. Section the judgment , titled as Akaljit Kaur and Others Vs. Parveen Kumar and Others.” A of the Motor Vehicles of Motor Vehicles Act, by relying upon the Ram Murti [2022(4) TAC herein it was held that Section 164 of the Motor Vehicles provides for Gaurav Arora 2025.08.12 09:12 I attest to the accuracy and integrity of this document FAO. 4665-200 7. Per contra, learned counsel for the respondent however, vehemently argues that the award of compensation as assessed by the learned Tribunal has rightly been granted. further contends that recovery rights were rightly granted to the Insurance company. He, thus prays for dismissal of the appeal. 8. I have heard record of this case. 9. A perusal of the award indicates that appellant filed the claim petition seeking compensation on account of suffered by him Act, 1988 is now of 2019 w.e.f 01.04.2022) substituted statutory herein is entitled Parliament under Chapter 11 of which compensation in case of death in the amount of Rs.5 lakh and in case hurt to the extent 10. Further, this Court and Others Vs. Parveen Kumar and “11. others Vs. Punjab State Electricity Board that the appellants therein to be granted the benefit of beneficial 2006 (O&M) payment of compensation in case of death Rs.5 lakh and in the case of grievous hurt of Rs.2.5 lakh. Per contra, learned counsel for the respondent however, vehemently argues that the award has rightly been passed and the amount of compensation as assessed by the learned Tribunal has rightly been granted. further contends that recovery rights were rightly granted to the Insurance company. He, thus prays for dismissal of the appeal. have heard the learned counsel for the parties and perused the whole record of this case. A perusal of the award indicates that filed the claim petition seeking compensation on account of in the accident in question. Since Act, 1988 is now substituted by Section 164 of Motor Vehicles Act, 1988 (Act 32 of 2019 w.e.f 01.04.2022), compensation is liable to substituted statutory provision i.e. Section 164 of the Act entitled to be granted the benefit of beneficial provision under Chapter 11 of which Section compensation in case of death in the amount of Rs.5 lakh and in case to the extent of Rs.2.5 lakh. Further, this Court in FAO No.4301 of 2006 and Others Vs. Parveen Kumar and Others” held as under: 11. Hon’ble Supreme Court in the case of others Vs. Punjab State Electricity Board that the appellants therein to be granted the benefit of beneficial -3- compensation in case of death in the amount of case of grievous hurt of Rs.2.5 lakh. Per contra, learned counsel for the respondent-Insurance Company, has rightly been passed and the amount of compensation as assessed by the learned Tribunal has rightly been granted. further contends that recovery rights were rightly granted to the Insurance company. He, thus prays for dismissal of the appeal. learned counsel for the parties and perused the whole A perusal of the award indicates that in the present case, the claimant filed the claim petition seeking compensation on account of injuries Since Section 163-A of Motor Vehicles substituted by Section 164 of Motor Vehicles Act, 1988 (Act 32 is liable to be enhanced as per the provision i.e. Section 164 of the Act, therefore, the appellant to be granted the benefit of beneficial provisions enacted by the Section 164 provides for payment of compensation in case of death in the amount of Rs.5 lakh and in case of grievous FAO No.4301 of 2006, titled as “Akaljit Kaur ” held as under:- Hon’ble Supreme Court in the case of Ram Murti and others Vs. Punjab State Electricity Board [2022(4) TAC 738] held that the appellants therein to be granted the benefit of beneficial the amount of Insurance Company, has rightly been passed and the amount He further contends that recovery rights were rightly granted to the Insurance learned counsel for the parties and perused the whole the claimant- injuries A of Motor Vehicles substituted by Section 164 of Motor Vehicles Act, 1988 (Act 32 be enhanced as per the , therefore, the appellant enacted by the 164 provides for payment of grievous Akaljit Kaur Ram Murti and held that the appellants therein to be granted the benefit of beneficial Gaurav Arora 2025.08.12 09:12 I attest to the accuracy and integrity of this document FAO. 4665-200 provision enacted by the Parliament under Chapter 11 of which Section 164 provides for payment of compensation in the case of death in the amount of Rs.5 lakhs and in the case grievous hurt of Rs.2.5 lakhs. 12. Others Vs. Motor Vehicle statute is a beneficial legislation, the Judge should not go into the technicalities of the provisions, under which the application or petition is moved but should apply these are only the irregularities and not illegalities which cannot be cured. loss caused to the claimants or the relationship or to the victim of the limb cannot be compensat by exercising its discretion empathetically. Further, Justice should actually be shown to be delivered by application of judicial mind with intelligence, prudence, care and caution and by showing empathy. The confidence of public and litigants in judicial system and judiciary 11. In view of the above, award dated 22.0 163-A (pre 2018 Vehicles Act, 1988. amount of compensation to the tune of 2006 (O&M) provision enacted by the Parliament under Chapter 11 of which Section 164 provides for payment of compensation in the case of death in the amount of Rs.5 lakhs and in the case grievous hurt of Rs.2.5 lakhs. 12. This Court in FAO- Others Vs. Happy and Others, decided on 29.05.2024, held that since Motor Vehicle statute is a beneficial legislation, the Judge should not go into the technicalities of the provisions, under which the application or petition is moved but should apply these are only the irregularities and not illegalities which cannot be cured. It has been observed by the Hon’ble Supreme Court that the loss caused to the claimants or the relationship or to the victim of the limb cannot be compensated. Still the Court should make every effort by exercising its discretion empathetically. Further, Justice should actually be shown to be delivered by application of judicial mind with intelligence, prudence, care and caution and by showing empathy. The Court decision should be such that they strengthen the trust and confidence of public and litigants in judicial system and judiciary In view of the above, the present appeal is allowed. .07.2006 is modified by converting the claim petition under Section 2018 amendment) to Section 164 (post Vehicles Act, 1988. As such, the claimant/appellant compensation to the tune of Rs. 50,000 -4- provision enacted by the Parliament under Chapter 11 of which Section 164 provides for payment of compensation in the case of death in the amount of Rs.5 lakhs and in the case grievous hurt of -195-2006 titled as Mamta and , decided on 29.05.2024, held that since Motor Vehicle statute is a beneficial legislation, the Judge should not go into the technicalities of the provisions, under which the application or petition is moved but should apply his judicial mind, as these are only the irregularities and not illegalities which cannot be It has been observed by the Hon’ble Supreme Court that the loss caused to the claimants or the relationship or to the victim of the ed. Still the Court should make every effort by exercising its discretion empathetically. Further, Justice should actually be shown to be delivered by application of judicial mind with intelligence, prudence, care and caution and by showing empathy. Court decision should be such that they strengthen the trust and confidence of public and litigants in judicial system and judiciary.” the present appeal is allowed. Accordingly, the converting the claim petition under Section amendment) to Section 164 (post 2018 amendment) of the Motor /appellant is held entitled to enhanced ,000/- (2,50,000-2,00,000). provision enacted by the Parliament under Chapter 11 of which Section 164 provides for payment of compensation in the case of death in the amount of Rs.5 lakhs and in the case grievous hurt of and , decided on 29.05.2024, held that since Motor Vehicle statute is a beneficial legislation, the Judge should not go into the technicalities of the provisions, under which the his judicial mind, as these are only the irregularities and not illegalities which cannot be It has been observed by the Hon’ble Supreme Court that the loss caused to the claimants or the relationship or to the victim of the ed. Still the Court should make every effort by exercising its discretion empathetically. Further, Justice should actually be shown to be delivered by application of judicial mind with intelligence, prudence, care and caution and by showing empathy. Court decision should be such that they strengthen the trust and .” Accordingly, the converting the claim petition under Section amendment) of the Motor enhanced Gaurav Arora 2025.08.12 09:12 I attest to the accuracy and integrity of this document FAO. 4665-200 12. So far as the interest part is concerned, as held by Hon’ble Supreme Court in Dara Singh @ Dhara Banjara Vs. Shyam Singh Varma and R.Valli and Others VS. Tamil Nandu State Transport Corporation Supreme Court Cases 107, per annum on the enhanced amount from the date of filing of claim petition till the date of its realization 13. The Insurance Company is directed to deposit the compensation along with interest with the Tribunal within a period of two months from the date of receipt of copy of this judgment directed to furnish 14. However, respondent enhanced amount of compensation from respondent No. 1 and 2 i.e. driver and owner of the offending vehicle as per award dated 15. Further Insurance Company is directed to scheduled fee Mr. Ashish Yadav the date of receipt of copy of this passed in FAO No.1682 of 2007 by this Court 16. Pending application 08.07.2025 Gaurav Arora 2006 (O&M) So far as the interest part is concerned, as held by Hon’ble Supreme Dara Singh @ Dhara Banjara Vs. Shyam Singh Varma R.Valli and Others VS. Tamil Nandu State Transport Corporation Supreme Court Cases 107, the appellant-claimant per annum on the enhanced amount from the date of filing of claim petition till the date of its realization. The Insurance Company is directed to deposit the along with interest with the Tribunal within a period of two months the date of receipt of copy of this judgment directed to furnish his bank account details to the Insurance Company/Tribunal. However, respondent-Insurance Company is entitled to recover the enhanced amount of compensation from respondent No. 1 and 2 i.e. driver and owner of the offending vehicle as per award dated Further Insurance Company is directed to Mr. Ashish Yadav, Advocate, within a period of the date of receipt of copy of this judgment, in view of the order dated 18.07.2024 passed in FAO No.1682 of 2007 by this Court. Pending application (s), if any, also (SUDEEPTI SHARMA) Whether speaking/non-speaking : Speaking Whether reportable -5- So far as the interest part is concerned, as held by Hon’ble Supreme Dara Singh @ Dhara Banjara Vs. Shyam Singh Varma 2019 ACJ 3176 R.Valli and Others VS. Tamil Nandu State Transport Corporation (2022) 5 claimant is granted the interest @ per annum on the enhanced amount from the date of filing of claim petition till the The Insurance Company is directed to deposit the enhanced amount along with interest with the Tribunal within a period of two months the date of receipt of copy of this judgment. The appellant-claimant bank account details to the Insurance Company/Tribunal. Insurance Company is entitled to recover the enhanced amount of compensation from respondent No. 1 and 2 i.e. driver and owner of the offending vehicle as per award dated 22.07.2006. Further Insurance Company is directed to disburse the current , within a period of twenty days from in view of the order dated 18.07.2024 , if any, also stand disposed of. (SUDEEPTI SHARMA) JUDGE speaking : Speaking : Yes So far as the interest part is concerned, as held by Hon’ble Supreme 2019 ACJ 3176 (2022) 5 9% per annum on the enhanced amount from the date of filing of claim petition till the amount of along with interest with the Tribunal within a period of two months claimant is bank account details to the Insurance Company/Tribunal. Insurance Company is entitled to recover the enhanced amount of compensation from respondent No. 1 and 2 i.e. driver and disburse the current days from in view of the order dated 18.07.2024 Gaurav Arora 2025.08.12 09:12 I attest to the accuracy and integrity of this document