JUDGMENT :

SUDEEPTI SHARMA, J.

FAO-2613-2024 (O&M)

1. The present appeal has been preferred against the award dated 15.12.2013 passed by the learned Motor Accident Claims Tribunal, Chandigarh (for short, 'the Tribunal’) in the claim petition filed under Section 166 of the Motor Vehicles Act, 1988, on the ground of quantum of compensation to be on higher side, as the appellant/ insurance company was held liable to pay the compensation to claimant/respondent No. 1.

XOBJC-31-2025

2. The present cross-objection has been preferred by cross- objector/claimant (respondent No. 1 herein) against the award dated 15.12.2023 passed in the claim petition filed under Section 166 of the Motor Vehicles Act, 1988 by the learned Tribunal, for enhancement of compensation, granted to the cross-objector/claimant to the tune of Rs.51,34,891/- along with interest @ 7.5% per annum on account of injuries suffered by respondent No.1/cross objector.

3. Since the appeal filed by the Insurance Company and the cross- objections filed by the claimant/cross-objector are arising out of the same award dated 15.12.2023 passed by the learned Tribunal, therefore, FAO-2613-2024 and XOBJC-31-2025 are decided vide this common judgment.

4. On 23.02.2019, the claimant/injured was going from Sh. Ganesh Handloom Shop, Jamalpur Chowk, Ludhiana to his house while driving his Activa scooter at a slow speed and on the left side of the road. When he reached near Puneet Nagat Bridge (small bridge), at that time, an old man namely Iqbal Singh asked the complainant for lift. The claimant/injured halted his Activa and said old man sat down on the pillion seat. At about 09:20 PM, when they were going towards Motibagh Colony at moderate speed and reached near G.K. Estate turn, in the meanwhile a car, bearing registration No. PB-10-FT-1017 (in short 'offending vehicle'), which was being driven by its driver Sahil Verma in a very rash and negligent manner came from the opposite direction and while coming on wrong side of the road, struck against the Activa of claimant/injured. As a result of this collision, the claimant/injured along with said old man fell down on the road and received serious injuries. After causing the accident, the driver of offending vehicle ran away from the spot after leaving his car there. Both the injured were taken to Christian Medical College and Hospital, Ludhiana. The other injured i.e. old man was shifted from the said hospital to Civil Hospital, Ludhiana from where he was further referred to PGI, Chandigarh. FIR No.25 dated 24.02.2019, under Sections 279,337,336, 427 IPC, Police Station Tibba, Ludhiana was registered against the driver of the offending vehicle.

5. Upon notice of the claim petition, respondents appeared and admitted the factum of compensation.

6. From the pleadings of the parties, the following issues were framed by the learned Tribunal :-

“1. Whether Maninder Singh suffered injuries in a vehicular accident which took place on 23.02.2019 at about 09.00 PM, due to rash and negligent driving of car bearing No. PB-10-FT-1017 by respondent No.1? If so, to what extent? OPP

2 Whether the claimant is entitled to any compensation? If so, to what extent and from whom? OPP

3. Whether the driver of the offending vehicle was not holding a valid driving license at the time of accident and has violated the terms and conditions of the Insurance policy? If so, its effect. OPR

4. Relief.”

SUBMISSIONS OF LEARNED COUNSELS FOR THE PARTIES

7. Learned counsel for the appellant-Insurance Company contends that the average of ITRs of the appellant is to be taken while assessing the monthly income of the claimant. Further that there is no loss of income since it is a case of injury only and the claimant is still working. He further contends that the learned Tribunal has wrongly granted the compensation for compensation of purchase of 05 artificial limbs as he has not purchased the same from the prescribed shop and produced the estimate. Further, PW2 in his statement stated tha