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2026 Supreme(Online)(HP) 2350

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.


FAO (MVA) No. 133 of 2014


Reserved on : 18.04.2026

Decided on : 30.04.2026


Dr. Renu Rattan ...Appellant

Versus

Savita Parashar and others ...Respondents


Coram

The Hon’ble Mr. Justice Virender Singh, Judge.


For the appellant: Ms. Kritika, Advocate, vice Mr. Vivek Sharma, Advocate.

For the respondents: None for respondent No. 1.

Mr. B.M. Chauhan, Senior Advocate, with Mr. Amit Himalvi, Advocate, for respondent No. 2.

Petitioner Advocates:AJAY KOCHHAR ,Respondent Advocate: B.M.CHAUHAN FOR R-2 NEMO

Virender Singh, Judge.

Appellant-Dr. Renu Rattan has filed the present appeal, under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘the M.V. Act’), being dissatisfied with the award dated 06.01.2014, passed by learned Motor Accident Claims Tribunal (III), Shimla, H.P. (hereinafter referred to as ‘the MACT’), in MAC Petition No. 56-S/2 of 2012/08, titled as “Dr. Renu Rattan Versus Smt. Savita Parashar & anr.”.

Vide award dated 06.01.2014, the learned MACT has allowed the petition, filed by the appellant and awarded a compensation of Rs. 3,20,000/-, along with interest, at the rate of 12% per annum, from the date of filing of the petition, till realization of the amount. The ultimate liability to pay the compensation has been fastened upon respondent No. 2.

The present appeal has been preferred by the appellant for enhancing the amount of compensation awarded to her.

For the sake of convenience, the parties to the present lis, are, hereinafter referred to, in the same manner, as were, referred to, by the learned MACT.

Brief facts, leading to the filing of the present appeal, before this Court, may be summed up, as under:-

Claimant Dr. Renu Rattan has filed a petition under Section 166 of the Motor Vehicles Act, against the respondents, being the owner and insurer of vehicle No. HP67-7550. According to the claimant, she was travelling in bus No. HP67-7550 (hereinafter referred to as ‘the offending vehicle’), being driven by Sh. Kripal Singh and had suffered injuries in the accident, which, according to her, had taken place due to the rash and negligent driving of the offending vehicle, by the driver, who himself had expired in the accident in question.

Respondent No. 1 has been impleaded, in the present case, being the legal heir of Sh. Rulia Ram, registered owner of the offending vehicle.

The claimant has pleaded her age as 38 years at the time of accident and she was pursuing her Post Graduation in Department of Dermatology, in IGMC Shimla and was earning Rs. 31,352/- per month. She was employed with Department of Health Services, Government of Himachal Pradesh.

It is her further case that the accident in question had taken place on 07.03.2007, at about 2:45 PM, near Village Sandoti, within the jurisdiction of Police Station Kotkehloor, District Bilaspur, H.P. In the said accident, the claimant sustained injuries and after the accident, she was taken to CHC Ghawandal, District Bilaspur. Thereafter, she was taken to PGI Chandigarh, IGMC Shimla and SSL Hospital, Banaras Hindu University, Banaras.

Claimant has given the details of further treatment taken by her at various hospitals in the claim petition, which are reproduced as under:-

(i) Immediately after the accident the claimant was removed to CHC Ghawandal, District Bilaspur from where she was referred to PGI Chandigarh on the same date i.e. 07.03.2007.

(ii) On 07.03.2007, claimant was admitted in PGI Chandigarh as indoor patient with immediate treatment for traumatic injuries.

(iii) On 08.03.2007, the claimant underwent debridement with external fixation of left lower leg under general anesthesia.

(iv) On 12.03.2007, the claimant underwent anterior decompression with anterior plate fixation with bone grafting under general anesthesia.

(v) On 29.03.2007, the Claimant underwent debridement of both fractured bones left leg, release of fascio coetaneous flap under spinal anesthesia.

(vi) On 05.04.2007, the claimant underwent second stage delay of distally based lateral septo coetaneous perforator flap left leg with drill holes in exposed tibia lower end under spinal anesthesia.

(vii) On 10.04.2007, the claimant underwent fascio coetaneous flap cover to exposed tibia with super facial skin grafting under spinal anesthesia.

(viii) The claimant was discharged from PGI Chandigarh on 17.04.2007, with advise to not to walk/stand till next instructions.

(ix) The claimant was brought to Una in an Ambulance and was again taken to PGI Chandigarh for follow up on

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