Radha And Others v. Ved Parkash And Another

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH RADHA AND ORS.

......Appellants vs.

VED PARKASH AND ANR.

......Respondents

Reserved on:- 15.05.2026

Pronounced on:- 18.05.2026 Uploaded on: 20.05.2026 Whether only the operative part of the judgment is pronounced? NO Whether full judgment is pronounced?

YES CORAM: HON'BLE MRS. JUSTICE SUDEEPTI SHARMA

Present:

Mr. Saurabh Chawla, Advocate Mr. Vishal Chechi, Advocate for the appellants.

Mr. Ravi Malik, Advocate Mr. Anil Chahal, Advocate for respondent No.1.

Mr. Gopal Mittal, Advocate for respondent No.2-Insurance Company.

**** SUDEEPTI SHARMA J.

1.

The present appeal has been preferred against the award dated 22.12.2022 passed by the learned Motor Accident Claims Tribunal, Palwal (for short, 'the Tribunal') in the claim petition filed under Section 166 and 140 of the Motor Vehicles Act, 1988, for enhancement of compensation granted to the claimants on account of death of Tarif Singh in a Motor Vehicular Accident, occurred on 24.05.2019.

2.

As sole issue for determination in the present appeal is confined to quantum of compensation awarded by the learned Tribunal, a detailed

-2narration of the facts of the case is not required to be reproduced here for the sake of brevity.

SUBMISSIONS OF LEARNED COUNSEL FOR THE PARTIES 3.

Learned counsel for appellants-claimants contends that compensation awarded by the learned Tribunal is on the lower side and deserves to be enhanced.

4.

Per contra, learned counsel for the respondent No.2-Insurance Company contends as under:- i.

That income of Rs.15,000/- assessed by the learned Tribunal is wholly without any basis as no account statement was produced on record to prove the income as assessed by learned Tribunal. ii.

That learned Tribunal has erred in granting future prospects of 50% instead of 40% as per the settled law on compensation. iii. That the respondent No.2-Insurance Company has already filed a separate appeal, being FAO-1937-2023, titled as "National Insurance Company Ltd. Vs. Radha and others" challenging the quantum of compensation awarded by learned Tribunal being on higher side, therefore, he prays that present appeal be dismissed and amount of compensation be reduced as per latest law. 5.

I have heard learned counsel for the parties and perused the whole record of this case with their able assistance. 6.

At the very outset, it is pertinent to note that FAO-1937-2023, titled as "National Insurance Company Ltd. Vs. Radha and others" filed by the respondent No.2-Insurance company has already been dismissed by this Court, detailing therein regarding every aspect of the arguments raised in the present appeal.

-37.

In view thereof, the adjudication of the present appeal no longer survives.

8.

In view of the above, the present appeal is hereby allowed. 9.

Pending application (s), if any, also stand disposed of. 18.05.2026 (SUDEEPTI SHARMA) Ayub/Sahil JUDGE Whether speaking/non-speaking :

Yes/No Whether reportable :

Yes