(O&M) Sukhwinder Kaur Etc. v. Sanjay Sharma Etc.

FAO-3576-2004





IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

FAO-3576-2004 Date of decision: 19.02.2026 Smt. Sukhvinder Kaur and others ...Appellants

Versus

Sanjay Kumar Sharma and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:

Mr. Mukesh Kumar Bhatnagar, Advocate for the appellants.

Mr. Ishan Cooner, Advocate for Mr. J.S. Cooner, Advocate for respondent Nos.1 and 2. Mr. Rahul Bansal, Advocate for Mr. D.R. Bansal, Advocate for respondent No.3. **** DEEPAK GUPTA, J. (ORAL) The income of the deceased was claimed to be Rs.50,000/- per month, whereas the claim pe88on was considered under Sec8on 163A of the Motor Vehicles Act. Though the claim pe88on has been dismissed by the Tribunal by disbelieving the accident, but even if the accident is believed to have taken place in the manner as pleaded in the pe88on, s8ll the claim pe88on under Sec8on 163A was not maintainable as the income of the deceased was pleaded to be more than Rs.40,000/- per annum. As such, the present appeal is hereby dismissed by maintaining the award of dismissal of the claim pe88on.

19.02.2026 (DEEPAK GUPTA) Yogesh JUDGE Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No YOGESH MEHTA 2026.02.19 17:20 I attest to the accuracy and integrity of this document