IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-2849-2009 (O&M)

Date of decision : 20.01.2026 Vikramjit ...Appellant Versus Swaran Singh and others ...Respondents CORAM: HON’BLE MS. JUSTICE HARPREET KAUR JEEWAN Present: Mr. Ravinder Arora, Advocate, and Mr. Neeraj Khanna, Advocate, for the appellant.

Mr. Suvir Dewan, Advocate, for respondent No.3-Insurance Company.

HARPREET KAUR JEEWAN, J.

1. The appellant-injured, Vikramjit, has assailed the correctness of the Award dated 03.01.2009, passed by the Motor Accident Claims Tribunal, Hoshiarpur (hereinafter referred to as ‘the Tribunal), and sought enhancement of compensation awarded to him regarding the injuries suffered by him in a road-side accident.

2. As per the brief facts, on 29.08.2007, the appellant, along with Gurpreet Singh, was going from Hariana to Village Bhikhowal to pay obeisance in a Gurdwara Sahib on a motorcycle bearing No.PB-09- D-1859 (for short, ‘the motorcycle’). Gurpreet Singh was driving the motorcycle, whereas the appellant was a pillion rider. At about 3.15 p.m., when they reached near Radha Swami Satsang Bhawan, Bhikhowal, the motorcycle was hit by a bus bearing registration No.PB-07-K-9879 (hereinafter referred to as ‘the bus’). Resultantly, both the occupants of the motorcycle fell on the ground; Gurpreet Singh died, and the appellant suffered multiple injuries. He was given first aid in the Civil Hospital, Hoshiarpur and thereafter, he was referred to Bharaj Life Care Hospital and Trauma Centre, Jalandhar Road, Hoshiarpur, where he remained admitted till 12.09.2007.

2.1 As per AW-1, Dr. Rachhpal Singh Bharaj, the injured was having history of fractures in the right femur, tibia, nasal bone & right radius. He was operated upon for interlocking nail of right femur and right tibia and was discharged on 12.09.2007. According to this witness, two more surgeries were required for removal of the implants and for that purpose, he would again require hospital admission. The injured was also recommended special protein diet.

2.2 As per the testimony of AW-4, Dr. Surinder Singh Dardi, Civil Hospital, Hoshiarpur, who was a member of the Board constituted to assess the disability, the appellant was found having 100% disability due to his right upper limb and right lower limb, and the disability was permanent in nature. Due to the disability, right upper limb of the patient had become useless, and he would require assistance for routine activities. He has also confirmed that interlocking nailing of the thigh may need second operation for its removal after the union is complete and such operation may be required within a period of one year. He proved the disability certificate as Ex.A47.

2.3 Regarding the accident, FIR No.95 dated 29.08.2007, under Sections 304-A, 279, 427, 337, 338 of the Indian Penal Code, 1860, was registered at Police Station, Hariana, against the respondent No.1-

Swaran Singh, driver of the bus.

2.4 The driver of the bus, owner of the bus and the insurance company contested the petition by filing separate written statements.

2.5 The Tribunal framed the issues and jointly decided the claim petitions filed on behalf of the LRs of Gurpreet Singh, since deceased and the injured-appellant.

2.6 The Tribunal awarded compensation to the tune of Rs.3,67,918/-.

2.7 Dissatisfied with the said amount of compensation, the present appeal has been preferred.

3. The learned counsel for the appellant contends that inadequate compensation has been awarded without following the principles of assessment of compensation in an injury case.

4. Per contra, learned counsel for the Insurance Company contends that compensation to the tune of Rs.2,00,000/- has been awarded on account of permanent disability, i.e. Rs.1,00,000/- towards disability and another Rs.1,00,000/- for effect of disability in future life and as such, the compensation awarded by the Tribunal is just and adequate.

5. I have considered the aforesaid contentions and perused the paper-book.

6. In the present