IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

Reserved on: 05.12.2025

Pronounced on: 24.12.2025

Uploaded on:24.12.2025

FAO No.4560 of 2018 (O&M)

PINKI ......Appellant(s)

Vs

HARPREET SINGH AND ORS. ....Respondent(s) 2. FAO No.2853 of 2018 (O&M)

NATIONAL INSURANCE CO. LTD. ......Appellant(s)

Vs

PINKI AND ORS. ....Respondent(s)

CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present: Mr. Yogesh Gupta, Advocate

for the appellant in FAO No.4560 of 2018 and for respondent No.1 in FAO No.2853 of 2018.

Mr. H.S. Gharoon, Advocate for

Mr. A.K. Goyal, Advocate

for the appellant in FAO No.2853 of 2018 and for respondent No.3 in FAO No.4560 of 2018.

****

HARKESH MANUJA, J.

[1]. Vide this common judgment, the above noted two appeals, bearing FAO No.2853 of 2018 and FAO No.4560 of 2018 impugning the award dated 24.01.2018 passed by the learned Motor Accident Claims Tribunal, S.A.S. Nagar (hereinafter referred to as “the Tribunal”), shall be decided. For convenience, facts

are being taken from FAO No.4560 of 2018.

FACTS

[2]. The appellant, being injured filed a claim petition before the learned Tribunal praying for grant of compensation on account of injuries suffered by her

in a motor vehicular accident which took place on 08.12.2016 while alleging rash and negligent driving of respondent No. 1/driver.

[3]. After going through the claim petition and evaluating the evidence led by both the parties, learned Tribunal vide award dated 24.01.2018, arrived at a conclusion that the accident occurred on account of rash and negligent driving of respondent No.1 and awarded compensation in the following manner:-

S.No. Heads of claim Amount (in Rs.)

1 Monthly Income Rs. 6,000/- 2 40% Future Prospects Rs. 2,400/-

3 Multiplier 16

4 Functional Disability 80%

5 Loss of Future Earnings (8,400 x 12 Rs. 12,90,240/-

x 16 x 80/100)

6 Medical Bills Rs. 40,705/-

7 Future Medical Expenses & Rs. 10,00,000/-

Artificial Limb (including maintenance & replacement)

8 Pain Suffering Rs. 1,00,000/-

9 Transportation & Special Diet Rs. 50,000/- 10 Attendant Rs. 30,000/- 11 Loss of Amenities Rs. 50,000/- 12 Loss of expectation of life Rs. 50,000/-

Total Compensation Rs. 26,10,945/-

[4]. The said award dated 24.01.2018 has been challenged by way of present two appeals.

ARGUMENTS ON BEHALF OF LEARNED COUNSEL FOR THE APPELLANT/CLAIMANT [5]. Learned counsel for the appellant/claimant assailed the award while submitting that in the given facts, the compensation awarded by the learned Tribunal was on the lower side. It was further submitted that the learned Tribunal gravely erred in assessing the functional disability of the appellant at only 80%, despite uncontroverted evidence that her left leg was amputated above the thigh; besides she also suffered fracture in the right leg and multiple serious injuries, rendering her completely incapacitated to stand, walk or perform her avocation and day-to-day activities, thus the functional disability should have been assessed at 100%. He further contended that the learned Tribunal erred in assessing the monthly income of the appellant @ Rs. 6,000/- only, ignoring the fact that she was engaged in tailoring work in addition to household work. Furthermore, it was submitted that the compensation awarded under various heads such as permanent disability, medical expenses (past and future), pain and suffering and loss of amenities of life was grossly inadequate, considering the prolonged hospitalization, multiple surgeries, continued treatment and the lifelong hardship suffered by the appellant. Therefore, learned counsel prayed that the present appeal be allowed and compensation be enhanced, as per latest decisions on the subject.

ON BEHALF OF LEARNED COUNSEL FOR APPELLANT/RESPONDENT NO.3/ INSURANCE COMPANY [6]. Per contra, learned counsel for the respondent/ Insurance Company, vehemently argued that the impugned award was highly excessive and contended that the learned Tribunal fell in error while awarding a whopping sum of Rs. 26,10,945/- as compensation and as such the same was