FAO-3748 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 215 Harjit Singh Paramjit Kaur a CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - NIDHI GUPTA, J. CM-12237 2002003114P103938481 dated registration No. PB taken on record as Annexure A FAO-3748 1. cum-driver 5034/offending vehicle, laying challenge to the Award dated 30.01.2017, passed by the learned Motor Accident Claims Tribunal, Amritsar 3748-2017 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Harjit Singh Versus Kaur and others CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA None for the appellant. Mr. Sushil Saini, Advocate for respondents No. 1 to 3. None for respondents No. 4 to 6. Mr. Gopal Mittal, Advocate for respondent No. 7-Insurance Co. NIDHI GUPTA, J. 7-CII-2017 Application is allowed as prayed for. Photocopy of Insurance Certificate/Polic 2002003114P103938481 dated 28.08.2014 of motorcycle bearing registration No. PB-02-AD-5034, owned by the taken on record as Annexure A-1, subject to all just exceptions. 3748-2017 (O&M) The present appeal has been filed by Harjit Singh, owner driver of the motor-cycle bearing registration No. PB 5034/offending vehicle, laying challenge to the Award dated 30.01.2017, passed by the learned Motor Accident Claims Tribunal, Amritsar IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-3748-2017 (O&M) Date of Decision:05.05.2025 .…Appellant ....Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Sushil Saini, Advocate for respondents No. 1 to 3. for respondents No. 4 to 6. Insurance Co. Application is allowed as prayed for. Photocopy of Insurance Certificate/Policy No. 28.08.2014 of motorcycle bearing 5034, owned by the applicant-appellant is 1, subject to all just exceptions. nt appeal has been filed by Harjit Singh, owner- cycle bearing registration No. PB-02-AD- 5034/offending vehicle, laying challenge to the Award dated 30.01.2017, passed by the learned Motor Accident Claims Tribunal, Amritsar No. 28.08.2014 of motorcycle bearing appellant is 5034/offending vehicle, laying challenge to the Award dated 30.01.2017, passed by the learned Motor Accident Claims Tribunal, Amritsar RISHU KATARIA 2025.05.08 10:31 I attest to the accuracy and authenticity of this order/judgment. FAO-3748 (hereinafter referred to as ‘the learned Tribunal’) petition bearing MACT Case No. 08/73 of 2016 dated 06.01.2016/ 07.01.2016 filed by claimants/respondents No. 1 to 3 herein Section 166 of the Motor Vehicles Act, 1988 was allowed compensation to the tune of annum from the date of filing of petition till actual realization awarded. The 03 claimants are the: i) widow; and ii) 02 sons of deceased Gurdeep Singh who was stated to be 51 years old at the time of death. 2. are that on 08.04.2015, Gurdeep Singh (deceased) along with Harjit Singh was going from their house i.e. Amritsar to Bhikhiwind on a motorcycle bearing registration No. PB driven by Harji whereas Gurdeep Singh (deceased) was a pillion rider. when they reached in the area of Bus Stand Mannan, in the meantime, a School Bus bearing registration No. PB driven by Baljit Singh/respondent No. 4 herein manner and hit with the aforesaid motorcycle, upon which Gurdeep Singh and Harjit Singh fell down on the road. Deceased received multiple inj Amritsar. Gurdeep Singh succumbed to the injuries suffered by him in the accident on 03.05.2015. A sum of treatment of the deceased. Post was got conducted by the police. The accident took place due to rash and negligent driv 3748-2017 (O&M) -2- (hereinafter referred to as ‘the learned Tribunal’) petition bearing MACT Case No. 08/73 of 2016 dated 06.01.2016/ 07.01.2016 filed by claimants/respondents No. 1 to 3 herein Section 166 of the Motor Vehicles Act, 1988 was allowed compensation to the tune of ₹11,36,400/- along with interest @ annum from the date of filing of petition till actual realization The 03 claimants are the: i) widow; and ii) 02 sons of deceased Gurdeep Singh who was stated to be 51 years old at the time of death. Brief facts as pleaded by the claimants in the claim petition are that on 08.04.2015, Gurdeep Singh (deceased) along with Harjit Singh was going from their house i.e. Amritsar to Bhikhiwind on a motorcycle bearing registration No. PB-02-AD-5034. The motorcycle was be driven by Harjit Singh/appellant herein in a rash and negligent manner, whereas Gurdeep Singh (deceased) was a pillion rider. when they reached in the area of Bus Stand Mannan, in the meantime, a School Bus bearing registration No. PB-02 driven by Baljit Singh/respondent No. 4 herein and hit with the aforesaid motorcycle, upon which Gurdeep Singh and Harjit Singh fell down on the road. Deceased received multiple injuries and was taken to Guru Nanak Dev Hospital, Amritsar. Gurdeep Singh succumbed to the injuries suffered by him in the accident on 03.05.2015. A sum of ₹70,000/ treatment of the deceased. Post-mortem of the dead body of the dece was got conducted by the police. The accident took place due to rash and negligent driving of appellant and respondent No. 4/driver of the bus (hereinafter referred to as ‘the learned Tribunal’) whereby the claim petition bearing MACT Case No. 08/73 of 2016 dated 06.01.2016/ 07.01.2016 filed by claimants/respondents No. 1 to 3 herein, under Section 166 of the Motor Vehicles Act, 1988 was allowed; and along with interest @ 7.5% per annum from the date of filing of petition till actual realization was The 03 claimants are the: i) widow; and ii) 02 sons of deceased- Gurdeep Singh who was stated to be 51 years old at the time of death. as pleaded by the claimants in the claim petition are that on 08.04.2015, Gurdeep Singh (deceased) along with Harjit Singh was going from their house i.e. Amritsar to Bhikhiwind on a motorcycle 5034. The motorcycle was being Singh/appellant herein in a rash and negligent manner, whereas Gurdeep Singh (deceased) was a pillion rider. Around 8:30 A.M. when they reached in the area of Bus Stand Mannan, in the meantime, a 02-AT-9721 came there being driven by Baljit Singh/respondent No. 4 herein, in a rash and negligent and hit with the aforesaid motorcycle, upon which Gurdeep Singh and Harjit Singh fell down on the road. Deceased-Gurdeep Singh, uries and was taken to Guru Nanak Dev Hospital, Amritsar. Gurdeep Singh succumbed to the injuries suffered by him in the 70,000/- was spent on the medical mortem of the dead body of the deceased was got conducted by the police. The accident took place due to rash and of appellant and respondent No. 4/driver of the bus im petition bearing MACT Case No. 08/73 of 2016 dated 06.01.2016/ under ; and 7.5% per was as pleaded by the claimants in the claim petition are that on 08.04.2015, Gurdeep Singh (deceased) along with Harjit Singh was going from their house i.e. Amritsar to Bhikhiwind on a motorcycle ing Singh/appellant herein in a rash and negligent manner, Around 8:30 A.M. when they reached in the area of Bus Stand Mannan, in the meantime, a 9721 came there being in a rash and negligent and hit with the aforesaid motorcycle, upon which Gurdeep Singh Gurdeep Singh, uries and was taken to Guru Nanak Dev Hospital, Amritsar. Gurdeep Singh succumbed to the injuries suffered by him in the spent on the medical ased was got conducted by the police. The accident took place due to rash and of appellant and respondent No. 4/driver of the bus RISHU KATARIA 2025.05.08 10:31 I attest to the accuracy and authenticity of this order/judgment. FAO-3748 which caused the death of the deceased. FIR No. 104 dated 22.09.2015 under Sections 304 Station Chabal, on the statement of respondent No. 1 witness of the accident. At the time of accident, deceased was age around 48 years earning ₹1 and was not suffering from any disease at the time of death. 1 is the widow, claimants No. 2 and 3 are the sons of the deceased and they have no source of income and were fully depende income of the deceased. The untimely death of the deceased has caused great loss to the claimants. 3. adduced before it concluded that deceased 03.05.2015 accident that took place on the appellant and respondent No. 4. 50% of the aforesaid compensation accident the offending motor 5034 was not insured owner, and insurer, respectively of the 02-AT-9721) remaining 50% of the compensation amount to claimants interest @ actual realization. 3748-2017 (O&M) -3- which caused the death of the deceased. FIR No. 104 dated 22.09.2015 under Sections 304-A/279, 337 and 338 IPC was also registered at Police Station Chabal, on the statement of respondent No. 1 witness of the accident. At the time of accident, deceased was age around 48 years; and was doing work of Carpenter 15,000/- per month. The deceased was quite hale and healthy and was not suffering from any disease at the time of death. 1 is the widow, claimants No. 2 and 3 are the sons of the deceased and they have no source of income and were fully depende income of the deceased. The untimely death of the deceased has caused great loss to the claimants. The learned Tribunal on the basis of pleadings and evidence adduced before it concluded that deceased 03.05.2015 due to the injuries suffered by him accident that took place on 08.04.2015 due to the appellant and respondent No. 4.As such, the aforesaid compensation as it was found that on the date of accident the offending motor-cycle bearing registration No. PB 5034 was not insured; and respondents No. 4 to 6 owner, and insurer, respectively of the bus bearing registration No. PB 9721), were also held jointly and severally remaining 50% of the compensation amount to claimants interest @ 7.5% per annum from the date of filing the claim petition till actual realization. which caused the death of the deceased. which caused the death of the deceased. FIR No. 104 dated 22.09.2015 PC was also registered at Police Station Chabal, on the statement of respondent No. 1-Paramjit Kaur, eye- witness of the accident. At the time of accident, deceased - Gurdeep Singh and was doing work of Carpenter; and was per month. The deceased was quite hale and healthy and was not suffering from any disease at the time of death. Claimant No. 1 is the widow, claimants No. 2 and 3 are the sons of the deceased and they have no source of income and were fully dependents upon the income of the deceased. The untimely death of the deceased has caused the basis of pleadings and evidence adduced before it concluded that deceased - Gurdeep Singh, had died on due to the injuries suffered by him in the motor vehicular due to the composite negligence of As such, appellant was directed to pay as it was found that on the date of cycle bearing registration No. PB-02-AD- ; and respondents No. 4 to 6 (being the driver, bus bearing registration No. PB- were also held jointly and severally liable to pay the remaining 50% of the compensation amount to claimants along with % per annum from the date of filing the claim petition till which caused the death of the deceased. FIR No. 104 dated 22.09.2015 PC was also registered at Police Gurdeep Singh and was per month. The deceased was quite hale and healthy Claimant No. 1 is the widow, claimants No. 2 and 3 are the sons of the deceased and nts upon the income of the deceased. The untimely death of the deceased has caused the basis of pleadings and evidence on motor vehicular composite negligence of as it was found that on the date of (being the driver, to pay the along with % per annum from the date of filing the claim petition till RISHU KATARIA 2025.05.08 10:31 I attest to the accuracy and authenticity of this order/judgment. FAO-3748 4. had sought a pass on behalf of the appellant appeal being of the year 2017, of learned counsel for the appellant. 5. compensation was fixed by the the ground that insured. However, the appellant has placed on Insurance Certificate/Policy No. 2002003114P103938481 dated 28.08.2014 of motorcycle bearing registration No. PB Annexure A 26.08.2015 offending motorcycle of the compensation could not have been imposed upon the appellant. 6. admitted that verification of the aforesaid polic got done by the Insurance Company and it has been found that on the date of accident, the offending motorcycle was validl report dated 20.02.2025 for respondent No. 7 7. petition age of the deceased Postmortem death. It was pleaded 3748-2017 (O&M) -4- In the first round of hearing, lear had sought a pass-over. However, in the second round, none on behalf of the appellant to argue the matter appeal being of the year 2017, is being heard and decided in the absence of learned counsel for the appellant. As noted above, the liability to pay 50% of the impugned compensation was fixed by the learned Tribunal, upon the the ground that on the date of accident the insured. However, the appellant has placed on Insurance Certificate/Policy No. 2002003114P103938481 dated 28.08.2014 of motorcycle bearing registration No. PB Annexure A-1. The said policy is valid from 27.08.2014 to 26.08.2015. This shows that on the date of accident offending motorcycle was validly insured. of the compensation could not have been imposed upon the appellant. At this stage, ld. counsel for respondent No.7 admitted that verification of the aforesaid polic got done by the Insurance Company and it has been found that on the date of accident, the offending motorcycle was validl report dated 20.02.2025 to this effect is handed over in Court respondent No. 7,which is taken on record. As regards the quantum of compensation, petition age of the deceased was mentioned as 48 yea Postmortem Report Ex. P-1, the deceased death. It was pleaded by the claimants that the deceased was working as a In the first round of hearing, learned counsel for the appellant the second round, none has appeared the matter. Therefore, the present is being heard and decided in the absence the liability to pay 50% of the impugned learned Tribunal, upon the appellant on on the date of accident the offending motorcycle was not insured. However, the appellant has placed on record a photocopy of Insurance Certificate/Policy No. 2002003114P103938481 dated 28.08.2014 of motorcycle bearing registration No. PB-02-AD-5034 as valid from 27.08.2014 to midnight on date of accident i.e. 08.04.2015, the was validly insured. As such, liability to pay 50% of the compensation could not have been imposed upon the appellant. counsel for respondent No.7, very fairly admitted that verification of the aforesaid policy (Annexure A-1) has been got done by the Insurance Company and it has been found that on the date of accident, the offending motorcycle was validly insured. A copy of the to this effect is handed over in Court by counsel is taken on record. As regards the quantum of compensation, in the claim mentioned as 48 years. However, as per was 51 years old at the time of that the deceased was working as a ned counsel for the appellant appeared the present is being heard and decided in the absence the liability to pay 50% of the impugned appellant on offending motorcycle was not record a photocopy of Insurance Certificate/Policy No. 2002003114P103938481 dated 5034 as , the As such, liability to pay 50% , very fairly 1) has been got done by the Insurance Company and it has been found that on the date y insured. A copy of the counsel in the claim owever, as per 51 years old at the time of that the deceased was working as a RISHU KATARIA 2025.05.08 10:31 I attest to the accuracy and authenticity of this order/judgment. FAO-3748 carpenter and was earning bald statement of claimant No. 1, no documentary evidence was by the claimants to prove the learned Tribunal rightly assessed month. The learned Tribunal has add However, as per law laid down by the Hon’ble Supreme Court in Verma vs. age of the deceased being 51, 10% towards Tribunal has correctly years of age at the time of accident, multiplier of applied. However, under the Conventional Heads, had awarded exorbitant amount of ₹1,00,000/- of estate; and deceased. 8. 3/claimants is re Details Income Future prospects Deduction Monthly loss of dependency Multiplier Total loss of dependency Loss of consortium Love and affection 3748-2017 (O&M) -5- carpenter and was earning ₹15,000/- per month bald statement of claimant No. 1, no documentary evidence was by the claimants to prove the said income of the deceased. As such, the learned Tribunal rightly assessed income of the deceased as month. The learned Tribunal has added 15% towards future prospects. However, as per law laid down by the Hon’ble Supreme Court in Delhi Transport Corporation, age of the deceased being 51, the learned Tribunal ought to have added 10% towards future prospects. As claimants are three in number, Tribunal has correctly made deduction of 1/ years of age at the time of accident, multiplier of However, under the Conventional Heads, awarded exorbitant amount of ₹25,000/ - towards loss of love and affection; of estate; and ₹1,00,000/- as consortium to respondent No. 1/widow of the As such, the compensation awarded to claimants is re-assessed as under: - Before the Tribunal ₹8000/- per month Future prospects 15% (₹1200/-) Deduction 1/3rd(₹3066/-) Monthly loss of dependency ₹6134/- 11 Total loss of dependency 6134 x 12 x 11 = ₹ 8,09,600/- Loss of consortium ₹1,00,000/- to claimant No. 1 Love and ₹1,00,000/- per month. However, except for the bald statement of claimant No. 1, no documentary evidence was produced income of the deceased. As such, the income of the deceased as ₹8,000/- per ed 15% towards future prospects. However, as per law laid down by the Hon’ble Supreme Court in Sarla Delhi Transport Corporation, Law Finder Doc Id # 188882, the learned Tribunal ought to have added As claimants are three in number, ld. deduction of 1/3rd. As the deceased was 51 years of age at the time of accident, multiplier of 11 has correctly been However, under the Conventional Heads, the learned Tribunal 25,000/- towards funeral expenses; towards loss of love and affection; ₹1,00,000/- towards loss consortium to respondent No. 1/widow of the the compensation awarded to respondents No. 1 to Revised compensation ₹8000/- per month 10% (₹800/-) 1/3rd(₹2933/-) ₹5867/- 11 5867 x 12 x 11 = ₹7,74,444/- ₹48000 x 3 = ₹1,44,000/- NIL the produced income of the deceased. As such, the per ed 15% towards future prospects. , the learned Tribunal ought to have added has correctly been learned Tribunal towards funeral expenses; towards loss consortium to respondent No. 1/widow of the RISHU KATARIA 2025.05.08 10:31 I attest to the accuracy and authenticity of this order/judgment. FAO-3748 Funeral expenses Loss of Estate Total compensation Interest Revised amount of compensation to be paid to the claimants 9. dispute the above calculation. 10. allowed in the above terms. ₹9,54,444/– with interest at the rate of 6% per annum. 11. 05.05.2025 rishu 3748-2017 (O&M) -6- ₹25,000/- Loss of Estate ₹1,00,000/- compensation ₹11,34,600/- 7.5% per annum Revised amount compensation to be paid to the claimants ₹9,54,444/- Ld. Counsel for the claimants/respondents no.1 to 3 does not dispute the above calculation. In view of the above discussio in the above terms. The entire amount of compensation – shall be paid by the respondent with interest at the rate of 6% per annum. Pending application(s), if any, shall also stand disposed of. 05.05.2025 Whether speaking/reasoned Whether Reportable ₹18,000/- ₹18,000/- ₹9,54,444/- 6% per annum Counsel for the claimants/respondents no.1 to 3 does not discussion, the present appeal is hereby The entire amount of compensation of shall be paid by the respondent No.7 to the claimants along Pending application(s), if any, shall also stand disposed of. ( NIDHI GUPTA ) JUDGE Yes/No Yes/No Counsel for the claimants/respondents no.1 to 3 does not of along RISHU KATARIA 2025.05.08 10:31 I attest to the accuracy and authenticity of this order/judgment.