144 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM-5012-CII-2026 in/and FAO-1331-2026 Date of Decision: July 21, 2026 Rekha and others … Appellants Versus Yashpal and others …Respondents CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Digvijay, Advocate for Mr. Gaurav Gupta, Advocate for the appellants. DEEPAK GUPTA , J.(Oral) CM-5012-CII-2026 This is an applicaon under Secon 5 of the Limitaon Act to condone the delay of 36 days in filing the appeal. Heard. For the reasons as menoned in the applicaon, which is duly supported by an affidavit, delay of 36 days in filing the appeal is hereby condoned. The applicaon stands disposed of. FAO-1331-2026 It is claimants’ appeal seeking enhancement in compensaon amount. A claim peon under Secon 166 of the Motor Vehicles Act, 1988 was filed for seeking compensaon from the driver, owner and insurer of the offending vehicle on account of death of Mahesh Sehrawat. The claim peon was filed by his wife, two minor children and aged mother. The Motor Accident Claims Tribunal, Palwal (hereina5er referred as ‘the Tribunal) has awarded an amount of `32,65,352/-, which was rounded off to `32,65,000/- and held all the respondents jointly and severally liable to pay the compensaon along with interest. SARITA RANI 2026.07.21 17:23 I attest to the accuracy of this document/order CM-5012-CII-2026 in/and FAO-1331-2026 2026:PHHC:099895 - 2 - 2. The only point as raised by learned counsel for the appellants is that the compensaon under the head of loss of consorum has not been allowed to the minor children and mother, though all of them are entled to the compensaon under the head of loss of filial/parental consorum, in view of the legal posion as explained in “Magma General Insurance Company Ltd. v. Nanu Ram @ Chuhru Ram and others”, 2018(18) SCC 130. 3. Noce of moon to respondent No.3-Insurance Company only. 4. Mr. Vinod Kumar Gupta, Advocate appears and accepts noce on behalf of respondent No.3-Insurance Company only. 5. Learned counsel for respondent No.3-Insurance Company could not refute the aforesaid contenon that compensaon under the head of loss of consorum to the children and mother is liable to be granted, as per Nanu Ram’s case (supra). 6. Accordingly, the present appeal is hereby disposed of by holding that over and above the amount awarded by the Tribunal, the appellants shall also be entled for `1,32,000/- (`44,000x3) on account of loss of consorum to the children and mother of the deceased. The said amount shall be payable along with interest @ 7.5.% per annum from the date of filing of claim peon ll its realizaon by the respondents jointly and severally. July 21, 2026 (DEEPAK GUPTA) sarita JUDGE Whether reasoned/speaking: Yes/No Whether reportable: Yes/No SARITA RANI 2026.07.21 17:23 I attest to the accuracy of this document/order