IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

231 Date of decision: 17.02.2026 FAO-7393-2018(O&M)

Arun Kumar ...Appellant(s)

Vs.

Byravesh @ Shivarajaiah & Another ...Respondent(s)

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CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA Present:- Mrs. Savita Bhandari, Advocate for the appellant.

Ms. Anu Garg, Advocate for respondent No.2.

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NIDHI GUPTA, J.

Present appeal has been filed by injured-claimant seeking enhancement of compensation of Rs.10,75,200/- awarded by the Motor Accident Claims Tribunal, Bhiwani (hereinafter ‘the learned Tribunal’) vide Award dated 23.04.2018 passed in MACP Petition No.17 dated 01.03.2016 filed under Section 166 of the Motor Vehicles Act (hereinafter “the Act”). 2. Brief facts of the case are that the ld. Tribunal on the basis of pleadings and oral & documentary evidence adduced by the parties, concluded that the appellant had suffered injuries in a motor vehicular accident that took place on 09.07.2013 at about 11 am due to the rash and negligent driving of BMTC Bus bearing registration No.KA-50-F-209 (hereinafter “the offending vehicle”) being driven by respondent No.1; and respondent No.2 is the Superdar of the offending vehicle. The said compensation has been awarded along with interest @ 9% per annum. Respondents were held jointly and severally liable to pay the compensation amount.

3. It is inter alia submitted by learned counsel for the appellant that compensation payable to the appellant is liable to be enhanced as in the accident in question, the appellant has admittedly suffered multiple fractures and other grievous injuries; and had suffered 40% permanent disability. The appellant has lost his right hand, thumb, and index finger forever due to the crushing impact of the bus. The appellant had to undergo amputation of right thumb, and right hand index finger. Thus, the disfigurement of the appellant is permanent, the right hand being his dominating hand. Hence, loss is grave in nature. It is submitted that given the above said facts, the learned Tribunal ought to have assessed functional disability of the appellant as 100% as, for right handed person, by itself it is a loss of 100% grip and appellant being right handed, thus it has direct lifetime impact on his avocation and earning capacities.

4. Ld. Counsel further submits that factually, appellant is a qualified BBA, MBA (Marketing) from a reputed college SIR MVIT College, Bangalore, founded by Sir, Mokshagundam Visvesearaya, recipient of Bharat Ratna in 1955, and his birthday 15 September is celebrated as Engineers day in India. This institutions ranks in top 20 in India, as on today's date a person of this qualification generally earns a package of 60,000/- to one lakh per month. The appellant has rightfully submitted that as fresher he was offered 22,500/- per month in 2013 which was to enhance by all means to minimum 80,000/- per month by now. And the fact is that as on today he is working in Oriental Insurance Company, getting 50,000/- per month, instead of expected salary of Rs. 80,000/- per month. Thus, Appellant has suffered tremendous loss of income.

5. Ld. Counsel further submits that herein, is a fit case for applying the multiplier. For right handed person, right hand is the dominant hand and on account of his disability, and this obviously being throughout his life and he will be shifted to some other jobs though suitable but lesser in designations and in turn with lesser emoluments and in this case there will always be a limited progression in life of the appellant for rest of his life.

6. It is accordingly prayed that the appellant is entitled to compensation of Rs.1 crore.

7. Per contra, learned counsel for the respondent No.2 opposes the submissions advanced on behalf of the appellant and submits that the impugned Award suffers from no error; and the present appeal deserves to be dismissed.

8. No other argument is made on behalf of the parties. I have heard learned counsel and perused the case file in detail. I find no merit in the