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High Court of Punjab and HaryanaFAO/162/2010allowed

Leelawati And ORS. v. Om Parkash And ORS.

2026-02-24Mrs. Justice Sudeepti Sharma2 pages

FAO-162-2010 (O&M) -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH FAO-162-2010 (O&M) LEELAWATI AND ORS.

......Appellants vs.

OM PARKASH AND ORS.

......Respondents

Reserved on:- 13.02.2026

Pronounced on:- 24.02.2026 Uploaded on: 26.02.2026 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. Arvind Bansal, Advocate for the appellants. Mr. Ashwani Talwar Sr. Advocate with Mr. Deepak Goyat, Advocate Mr. Nikhil Sehrawat, Advocate Ms. Vaishnavi Sikka, Advocate for respondent No.3. **** SUDEEPTI SHARMA J.

1.

The present appeal has been preferred against the award dated 04.09.2009 passed by the learned Motor Accident Claims Tribunal, Kaithal (for short, 'the Tribunal') in the claim petition filed under Section 166 of the Motor Vehicles Act, 1988, for enhancement of compensation granted to the claimants to the tune of Rs.6,09,000/- along with interest @ 7.5 % per annum, on account of death of Nafe Singh in a Motor Vehicular Accident, occurred on 14.02.2008.

2.

As sole issue for determination in the present appeal is confined to quantum of compensation awarded by the learned Tribunal, a detailed MOHD AYUB 2026.02.26 19:03 I attest to the accuracy and authenticity of this order/judgment.

FAO-162-2010 (O&M) -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 contends that the compensation granted to the claimants is on the lower side and deserves to be enhanced. 4.

Per contra, learned counsel for the respondent-Insurance Company contends that learned Tribunal has assessed the compensation on the higher side and deserves to be reduced. He further contends that respondent-Insurance Company has filed separate appeal bearing FAO-52042009, titled as Oriental Insurance Company Ltd. Vs. Leelawati and others" seeking reduction of compensation, 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-5204-2009, titled as Oriental Insurance Company Ltd. Vs. Leelawati and others" filed by the respondent No.3-Insurance company has already been dismissed by this Court vide order of even date detailing therein regarding every aspect of the arguments raised in the present appeal. 7.

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

8.

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

Pending application (s), if any, also stand disposed of. 24.02.2026 (SUDEEPTI SHARMA) Ayub JUDGE Whether speaking/non-speaking :

Yes/No Whether reportable :

Yes MOHD AYUB 2026.02.26 19:03 I attest to the accuracy and authenticity of this order/judgment.