In FAO-3483-2016 (O&M)-PUNJ HC- P&H HC dismisses appeal against MACT award, says Tribunal considered all factors including calculating notional age of deceased then assessing his monthly income 
Justice H.S. Madaan [03-03-2023]

Read Order: SMT. JYOTI AND OTHERS VS MUKESH KUMAR AND OTHERS

Mansimran Kaur

Chandigarh, March 6, 2023: While dismissing the appeals instituted by both the claimant and the insurance company against the impugned order passed by the Motor Accident Tribunal, the Punjab and Haryana High Court has stated that the claim awarded by the Tribunal was fair and reasonable and did not need any interference. 

A Single-Judge Bench of Justice H.S Madaan dismissed the instant appeals on account of being meritless. 

The factual matrix of the case was such that Smt. Jyoti, widow aged 29 years, Bhavishya, minor son aged about 01 year and Santosh Devi, aged 55 years mother of Suresh Kumar, an unfortunate victim of a road side accident had brought a claim petition under Section 166 of the Motor Vehicles Act, 1988 against respondents i.e. Mukesh Kumar-driver, Naveen Kumar owner and New India Assurance Company Ltd.

As per case of petitioners/claimants, on November 5, 2013, Suresh Kumar was returning on a motorcycle to his village and when he reached near Balvada hospital, Satnali in the meanwhile, the offending car being driven by the first respondent Mukesh Kumar in a rash and negligent manner came from opposite side and hit motorcycle of Suresh Kumar, as a result of which he fell down and suffered injuries. 

The accident was witnessed by one Sukhbir and Anil Suresh Kumar was taken to General Hospital for treatment but after giving first aid, he was referred to RR Hospital, Delhi where he remained admitted, but on November 9, 2013 he expired on account of injuries suffered by him in the accident. The matter was reported to the police and an FIR was registered for offences under Sections 279, 337 and 304-A IPC. 

The claimants thus brought the claim petition contending that the deceased was aged about 30 years at the time of accident. He was serving in the Indian Army, getting Rs.31, 000/- per month as salary.

After hearing arguments, the Motor Accidents Claims Tribunal, Narnaul awarded compensation of Rs.43,50,896/-; to the claimants along with interest @ 9% p.a from the date of filing of claim petition till actual realization.

Feeling aggrieved by such award passed by the Tribunal, the insurance company has approached this Court by way of filing an appeal. 

The claimants on their part filed separate appeals. 

After considering the submissions and going after the record, the Court noted that the main contention of the counsel for the appellant-insurance company was that on account of death of the deceased, the claimants had received monetary benefits which were required to be deducted from the compensation payable. 

In view of the same, the Court reproduced the relevant paragraphs of the impugned award and in pursuance of the same, this Court was of the considered opinion that addition towards future prospects was also made and the deduction was also rightly made to the extent of 1/3rd. The compensation awarded was just fair and reasonable, the Court at the outset observed. 

Hence, the Court stated that it failed to find any reason for enhancement or reduction of the compensation. Both the appeals were found to be without merit and were thus dismissed accordingly.