Kaptan Singh vs BHAGWAN SINGH - 2026 Supreme(P&H) 358

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2026 Supreme(P&H) 358

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
YASHVIR SINGH RATHOR
Kaptan Singh – Appellant
Versus
BHAGWAN SINGH – Respondent

Advocates Appeared:
For the Appellant :Ms. Jyotsna Saini, Advocate (Amicus Curiae).
For the Respondent:Mr. Vishwajit Bedi, Advocate

JUDGMENT :

YASHVIR SINGH RATHOR, J.

1. This appeal has been instituted against the Award dated 12.10.2000 passed by Motor Accidents Claims Tribunal, Ambala (for short “Tribunal”) for enhancement of compensation awarded in MACT Case No.41/1997 in a petition under Section 166 of Motor Vehicles Act, 1988, vide which a sum of Rs. 40,000/- has been awarded as compensation to the claimant/appellant along with interest at the rate of 12% per annum on account of injuries suffered by him in a motor vehicular accident, which took place on account of rash and negligent driving by respondent No.1 while driving the offending vehicle bearing No. PJK-1557, which was owned by respondent No.2 and insured with respondent No.3 and respondents were held liable to pay the amount of compensation to the claimant jointly and severally.

2. The matter is being taken up in the post lunch session.

3. From the pleadings of parties, following issues were framed and relevant issues are as under:-

“1. Whether the accident dated 16.02.1997 resulting into the injuries to the claimants Jagdish Singh, Jagir Singh and Kaptan Singh took place due to rash and negligent driving of truck No.PJK-1557? OPP.

4. Whether claimant K