JUDGMENT :

HARKESH MANUJA, J.

CM-4979-CII-2019 IN FAO-1651-2019

This is an application seeking condonation of delay of 131 days in filing the appeal.

Notice of the application was issued vide order dated 09.09.2025.

Learned counsel appearing on behalf of respondent-Insurance Company did not choose to file reply to the application.

Upon hearing learned counsel for the parties and considering the averments made in the application, which is duly supported by an affidavit, the same is allowed. The delay of 131 days in filing the present appeal is hereby condoned.

MAIN CASE

1. Both the aforesaid appeals arise out of a common award dated 31.03.2018 passed by the learned Motor Accident Claims Tribunal, Fatehgarh Sahib (for brevity, “the Tribunal”), and are, therefore, being decided together by this common judgment. One appeal has been preferred by the claimant/appellant seeking enhancement of compensation awarded, whereas, the second appeal has been preferred by the Insurance Company, assailing the quantum of compensation on the ground that the amount awarded by the learned Tribunal is excessive and liable to be reduced (FAO-1651-2019 & FAO-4673-2018 respectively), on account of injuries suffered by Harjinder Singh in a motor vehicular accident which occurred on 01.01.2016.

2. The learned Tribunal, vide the impugned award, granted a sum of Rs. 20,50,140/- as compensation, along with interest @ 6% per annum from the date of institution of the claim petition till its actual realization. Both the appeals, involving challenge to the quantum of compensation, are thus, taken up together for adjudication. Facts are being culled out from FAO-1651-2019 for reference.

FACTS

3. The appellant, being injured filed a claim petition before the learned Tribunal praying for grant of compensation on account of injuries suffered by him in a motor vehicular accident which took place on 01.01.2016 while alleging rash and negligent driving of vehicle bearing registration No. PB- 23-D-5103 being driven by respondent No.1/driver. On the basis of the pleadings of the parties, the learned Tribunal framed the necessary issues and, after appreciating oral as well as documentary evidence brought on record, passed the award dated 31.03.2018 granting compensation, as noticed in the preceding paragraph after holding the driver of the offending vehicle to be negligent in driving the same.

4. Being aggrieved of the aforementioned award dated 31.03.2018 passed by the learned Tribunal, appellant/claimant preferred FAO-1651- 2019 seeking enhancement of compensation on the ground that the amount awarded by the learned Tribunal was wholly inadequate and not commensurate with the injuries suffered, the period of treatment, pain and suffering, medical expenses and other attendant losses. The Insurance Company, on the other hand, filed FAO-4673-2018 challenging the quantum of compensation primarily on the ground that the learned Tribunal erred in awarding an excessive amount under various heads, thereby calling for reduction of the award.

ARGUMENTS ON BEHALF OF LEARNED COUNSEL FOR THE APPELLANT/CLAIMANT.

5. Learned counsel for the appellant/claimant contended that the impugned award dated 31.03.2018 passed by the learned Tribunal was wholly unsustainable in law as well as on facts, particularly with regard to the assessment of just compensation. It was submitted that despite recording a finding of 100% functional disability, the learned Tribunal erred in applying only 25% future prospects instead of 30%, and further committed a patent illegality in deducting 50% towards personal expenses, which was impermissible in injury cases. He further argued that the compensation awarded under various heads, including pain and suffering, attendant charges, future medical expenses, special diet and transportation, was grossly inadequate and did not commensurate with the nature, extent and lifelong impact of the injuries suffered by the claimant, who was rendered completely dependent. Placing reliance