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2025 DAILYLAW 6038 (PNJ)

DHUNIYA DEVI AND OTHERS v. RAJ KUMAR AND ANOTHER

FAO/5219/2025 · 2026-04-23

Deepak Gupta

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** 111 CM-17440-CII-2025 in/and FAO-5219-2025 (O&M) Date of Decision: 23.04.2026 Dhuniya Devi and Others …..Appellants Vs. Raj Kumar and Another .….Respondents CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Arun Kumar Gupta, Advocate for the appellants. Mr. Sidhant Mehra, Advocate for respondent No.2. **** DEEPAK GUPTA, J. (ORAL) CM-17440-CII-2025: This is an applica!on under Sec!on 5 of the Limita!on Act to condone the delay of 48 days in filing the appeal. For the reasons men!oned in the applica!on duly supported by affidavit of appellant Dhuniya Devi, delay of 48 days in filing the appeal is hereby condoned. Applica!on stands disposed of accordingly. Main case.: Claimants are in this appeal seeking modifica!on of the award dated 15.04.2025 of learned MACT, Panchkula on the issue of quantum of compensa!on. Regarding the compensa!on also, the only point raised by learned counsel is that all the three claimants being the widow and two children of the deceased were en!tled to spousal/parental consor!um @ ₹48,000/- per claimant but learned Tribunal has awarded only ₹40,000/- to the widow and nothing to the children. NEETIKA TUTEJA 2026.04.23 17:17 I attest to the accuracy and integrity of this document CM-17440-CII-2025 in/and FAO-5219-2025 (O&M) -2- No!ce of mo!on to respondent No.2- Insurance Company. Mr. Sidhant Mehra, Advocate has accepted the no!ce and filed his memo of appearance. Learned counsel for respondent No.2 could not refute the conten!on as raised by counsel for the appellants and has no objec!on in case, all the three claimants are allowed compensa!on under the head of consor!um @ ₹48,000/- per claimant. This takes the compensa!on under the head of consor!um to ₹1,44,000/- (₹48,000/- X 3). ₹40,000/- has already been awarded by the Tribunal under this head. That will make the enhanced compensa!on at ₹1,04,000/-. Consequently the present appeal is hereby disposed of by holding that in addi!on to the amount already awarded by the Tribunal, the appellants will also be en!tled to enhanced compensa!on of ₹1,04,000/- along with interest @ 7.5% per annum from the date of filing of the pe!!on !ll actual realiza!on. It is made clear that out of ₹1,04,000/-, ₹48,000/- each shall be payable to the two children along with propor!onate interest; whereas ₹8,000/- shall be payable to the widow since she has been already been allowed ₹40,000/- by the Tribunal. Disposed of. (DEEPAK GUPTA) JUDGE April 23, 2026 Nee!ka Tuteja Whether Speaking/reasoned Yes/No Whether Reportable Yes/No NEETIKA TUTEJA 2026.04.23 17:17 I attest to the accuracy and integrity of this document