IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 22.01.2026 KAVITA MINOR … APPELLANT VS.

JAGDISH AND OTHERS …RESPONDENTS CORAM: HON’BLE MR. JUSTICE VIRINDER AGGARWAL Present: Mr. Raghav Bali, Advocate, Mr. Pankaj Bali, Advocate for the appellant.

Mr. D.K. Dogra, Advocate for respondent No.2/United India Insurance Company.

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VIRINDER AGGARWAL,J.(Oral)

1. This Appeal is directed against the award dated 30.07.2004 passed by the Motor Accidents Claims Tribunal, Karnal, whereby the learned ₹

Tribunal awarded a compensation of 1,80,000/- along with interest at 9% per annum to the appellant/claimant on account of injuries sustained in a motor vehicular accident.

BACKGROUND FACTS

2. The facts leading to the present appeal, in brief are that on 04.07.2002, the injured appellant Kavita, a minor girl aged about 14 years, student of 7th standard was travelling as an occupant in a jeep bearing registration No. HR- 06P-0226, owned and driven by respondent No.1 (Jagdish), proceeding from Asandh towards village Kutana along with her mother Shanti Devi and younger sister Suman. When the jeep reached near the bus stand of village Dupedi on the Asandh-Panipat road at about 1:45-2:00 PM, respondent No.1 allegedly drove the vehicle in a rash and negligent manner at high speed, lost control, veered to the wrong side of the road and collided head-on with a tanker bearing No. HR-39-2140. As a direct result of the said accident, the appellant sustained multiple grievous injuries, most severely a crush injury to her left upper limb, necessitating mid-arm amputation (upper 1/3rd above the elbow). Immediately after the accident, the injured was shifted to Civil Hospital, Asandh, then referred to General Hospital, Karnal, and also treated at a private nursing home. A criminal case was registered vide FIR No.383 dated 05.07.2002 under Sections 279/337/338 IPC against respondent No.1 Consequently upon the accident, a claim petition came to be filed by the injured appellant under Section 166 of the Motor Vehicles Act before the learned Motor Accident Claims Tribunal, Karnal, seeking compensation under various heads.

3. Upon appreciation of the oral and documentary evidence adduced by the parties, the learned Tribunal returned a categorical finding that the accident occurred solely due to the rash and negligent driving of the offending jeep by respondent No.1. In arriving at this conclusion, reliance was placed upon the testimony of Shanti Devi (PW-4) the mother of the claimant, supported by her affidavit (Ex. P-3), the criminal record/challan submitted under Section 173 Cr.P.C. (Ex. P-5) proved through PW-3, the disability certificate (Ex. P-1) assessing 80–85% permanent disability qua the left upper limb, proved by Dr. J.K. Gulati (PW-1), the medical treatment record and bills proved by Dr. K.L. Sachdeva (PW-2), and the testimony of the claimant’s father, Ram Mehar alias Rajinder (PW-5). The learned Tribunal further held that respondent No.1 was the admitted owner-cum-driver of the offending vehicle on the date of the accident and that the insurance policy, though originally issued in the name of respondent No.3, stood deemed transferred in favour of respondent No.1 by operation of Section 157(1) of the Motor Vehicles Act. No breach of the terms and conditions of the insurance policy was established. Consequently, respondents No.1 and 2 were held jointly and severally liable to satisfy the award. While determining the quantum of compensation, the learned Tribunal ₹

awarded a sum of 1,60,000/- on account of injuries and permanent disability, ₹

10,000/- towards medical expenses, special diet and transportation, and ₹

10,000/- for pain and suffering, thus awarding a total compensation of ₹

1,80,000/-. The awarded amount was directed to carry interest at the rate of

9% per annum from the date of filing of the claim petition till its realization.

CONTENTIONS

4. Learned counsel for the appellant contended that the compensation awarded by the learned