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FAO No.3470 of 2001(O&M) 1 / 7

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

(102) FAO No.3470 of 2001(O&M)

Reserved on:23.01.2026

Pronounced on: 31.01.2026

Uploaded on : 02.02.2026

Hardial Singh … Appellant

Versus

Mahinder Singh & Others … Respondents

CORAM: HON’BLE MR. JUSTICE VIRINDER AGGARWAL

Present: Mr. D.P. Gupta, Advocate and

Mr. Shubam Gupta, Advocate

for the appellant.

None for respondent No.1.

Mr. I.S.Kingra, Sr. DAG, Punjab.

*****

VIRINDER AGGARWAL,

1. The present appeal has been preferred by the claimant/appellant under

Section 173 of the Motor Vehicles Act, 1988, challenging the award dated

05.04.2001 passed by the learned Motor Accident Claims Tribunal, Bathinda,

whereby compensation of ₹1,00,000/- was awarded under Section163-A of the

Act, for the injuries sustained by the appellant in a motor vehicular accident.

BACKGROUND FACTS

2. On 27.01.1999, he was travelling in Bus No. PB-12C-9312 from Malout

towards Ferozepur. When the bus reached near Bathinda Bypass, within the

jurisdiction of Police Station Muktsar, the driver of the bus drove the vehicle in

a rash and negligent manner and struck a truck coming from the opposite

direction. As a result of the accident, several passengers sustained injuries,

SAURAV PATHANIA

2026.02.02 17:28

I attest to the accuracy and

integrity of this document

FAO No.3470 of 2001(O&M) 2 / 7

including the claimant. The claimant suffered multiple fractures, injuries to ribs

and right leg, and underwent surgery. An iron rod was inserted and he remained

hospitalized on different occasions. Therefore, claimant filed petition for

compensation of ₹10,00,000/-. He asserted that he had incurred substantial

expenditure on medical treatment, conveyance and special diet and that he had

also suffered permanent disability affecting his earning capacity. The claimant

pleaded that he was about 50 years of age at the time of accident and was

earning his livelihood and was the sole breadwinner of his family. It was

claimed that due to the injuries and alleged disability, his functional efficiency

and earning potential had been seriously impaired. The respondents contested

the claim by denying rash and negligent driving and alleged that the accident

occurred due to bursting of tyre and high speed of the truck coming from the

opposite direction. It was further pleaded that the claimant had not suffered any

permanent disability affecting income and that the claim was exaggerated.

3. Upon appreciation of the oral and documentary evidence on record, the

learned Tribunal held that the accident occurred due to the bursting of a tyre of

the bus, as a result of which the bus went out of control and collided with the

truck coming from the opposite direction. It was, however, found that the

accident had occurred due to the involvement of the offending bus and that the

claimant had indeed sustained injuries in the said accident. Consequently, the

learned Tribunal awarded compensation under the principle of no-fault liability

in terms of Section 163-A of the Motor Vehicles Act. While assessing the

quantum of compensation, the learned Tribunal observed that the medical bills

produced were limited in number and were not fully supported by original

documentary evidence. It was further noted that the disability certificate had not

been duly proved, as neither the issuing authority nor any member of the

SAURAV PATHANIA

2026.02.02 17:28

I attest to the accuracy and

integrity of this document

FAO No.3470 of 2001(O&M) 3 / 7

medical board was examined. The claimant also admitted that there was no

reduction in his salary or income after the accident. In the absence of any

cogent evidence regarding loss of income or functional disability, the learned

Tribunal declined to grant compensation under those heads and, accordingly,

awarded a total sum of ₹1,00,000/- under Section 163-A of the Act under

various heads.

4. Learned counsel for the appellant submits that the compensation awarded

by the learned Tribunal is inadequate and contrary to the benevolent obje