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High Court of Punjab and HaryanaFAO/172/2019dismissed

Shrichand @ Shiv Chand And ANR v. Sarwan Singh And ORS

2026-02-11Mrs. Justice Archana Puri2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH FAO-172-2019 (O&M) Date of Decision: February 11, 2026 Shrichand @ Shiv Chand and another ...Appellants

VERSUS

Sarwan Singh and others

...Respondents

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI

Present:

Mr.Naveen Mandhan, Advocate for Mr.Pankaj Bali, Advocate for the appellants.

Mr.Lalit Garg, Advocate for respondent No.3.

**** ARCHANA PURI, J.

CM-657-CII-2019 The present application has been filed for seeking condonation of delay of 242 days in filing the appeal.

Keeping in view the averments made in the application, the same is allowed and delay of 242 days in filing the appeal is condoned. FAO-172-2019 Perusal of the paperbook reveals that till date, notice has not been issued. In fact, Sh.Lalit Garg, Advocate, who represents the New India Assurance Company, has made appearance on behalf of the respondent No.3-insurance company. He has produced the copy of the judgment dated VINEET GULATI 2026.02.17 10:09 I attest to the accuracy and authenticity of this document Chandigarh

FAO-172-2019 -229.05.2018 delivered by the Coordinate Bench in the cross appeal i.e. FAO2422-2018 filed by the insurance company and the same is taken on record. Upon the close perusal of the aforesaid judgment and the impugned Award passed, it is evident that the compensation worked upon by learned Tribunal, on account of death of Harish was to the extent of Rs.30,94,000/-. However, the Coordinate Bench, had itself re-computed the compensation payable to the claimants, in accord with law and scaled down the compensation from Rs.30,94,000/- to Rs.21,46,800/- and as such, it was reduced to the extent of Rs.9,47,200/-.

Once the judgment, as such, has been passed by the Coordinate Bench, the enhancement of the compensation, as now pleaded in the present appeal, as such, cannot be done by this Court. In fact, if the appellantsclaimants have any grievance with the decision rendered by the Coordinate Bench in FAO-2422-2018, they have an option to challenge the same before the superior Court or to file an application for recalling the order, but in any case, the quantum again cannot be re-worked upon by this Court, in the appeal in hand.

Hence, the appeal, as such, is hereby dismissed. February 11, 2026 (ARCHANA PURI) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable Yes/No VINEET GULATI 2026.02.17 10:09 I attest to the accuracy and authenticity of this document Chandigarh