United India Insuance Company Ltd. Vs Vimal Rani and Ors.

T h e present application has been filed under Section 5 of the Limitation Act read with Section 151 CPC for condonation of delay of 16 da y s in filing the appe a l.

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F o r the reasons stated in the ap p lication, the same is allowed and delay of 16 da y s in filing the appeal is condone d .

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FAO No.4267 of 2025

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T h e present appeal has been filed b y the appellant-insurance com p any challenging th e impugned award dated 18.02 . 2025 passed by the learned M otor Accident Clai m s Tribunal, Karnal (hereinafter r eferred to as the Tribunal) whe r eby a compensatio n of Rs.32,24,040/- along with i nterest @7.5% per annum fro m the date of filing o f the petition till actual realizati o n, has been awarded to respon d ents No.1 to 4-clai m ants.

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L e arned counsel for the appel l ant submits that while awar d ing aforesaid com p ensation, the learned Tribunal h as erroneously taken the inco m e of

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PANKAJ KUMAR 2025.08.12 17:42 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh

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FAO-4267-2025 (O&M) -2-

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the deceased a s Rs.13,986/- as per rate presc r ibed by the Deputy Commissi o ner, Karnal for uns k illed worker; whereas in the ab s ence of any income proof, notional income of the d eceased should have been ass e ssed by taking minimum wag e s as prescribed by t h e State Government and applic a ble uniformly throughout the State, which comes t o Rs.10,243/-. It is further sub m itted that there was no eye wit n ess to the acciden t and, therefore, possibility of contributory negligence cannot be ruled out.

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H a ving heard learned counsel fo r the appellant, this Court is o f the considered opi n ion that the learned Tribunal i s not bound to assess the notional income of the deceased in the absence of a ny income proof by applying the Minimum Wages Act notified by the Labour C o mmissioner. It is a duty incum b ent upon the learn e d Tribunal to analyze the evid e nce and material placed before it in the peculiar fa c ts and circumstances of the ca s e. Therefore, the learned Trib u nal, in the opinion o f this Court, has rightly awarde d the compensation by assessin g the income of the deceased as per rates prescribed by the Deputy Commissione r for unskilled work e r. Further, the appellant-insu r ance has not been able to plac e on record any cog e nt evidence to prove contribut o ry negligence, rather the offen d ing car hit the dece a sed on the extreme left side of t he road.

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In view of the above, this Court fi nds no illegality and irregulari t y in the impugned award dated 18.02.2025 p assed by the learned Trib u nal. Consequently, t he instant appeal is dismissed.

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Pending misc. application(s), if an y , also stands disposed of.

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( AMARINDER SINGH GREWAL ) JUDGE

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August 07, 202 5
Pankaj*	Whether speaking/reasoned	: Yes/No
	Whether reportable	: Yes/No

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PANKAJ KUMAR 2025.08.12 17:42 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh

United India Insuance Company Ltd. v. Vimal Rani and Ors.

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United India Insuance Company Ltd. v. Vimal Rani and Ors.

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