IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 29.10.2025 Pronounced on: 11.11.2025 MANGAT ….Appellant Vs.

RAM NIWAS AND ANOTHER ….Respondents CORAM: HON’BLE MR. JUSTICE HARKESH MANUJA Present: Mr. Dheeraj Narula, Advocate for the appellant.

Mr. Nitin Thatai, Advocate for respondent No. 1 (through video-conferencing).

Mr. Vikas Mohan Gupta, Advocate for respondent No. 2.

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HARKESH MANUJA, J.

1. By way of present appeal, challenge has been laid to an award dated 15.03.2022 passed by the learned Motor Accident claims Tribunal, Sirsa (for brevity, “the Tribunal”), whereby an amount of Rs. 8,14,520/- was awarded as compensation to the appellant/claimant along with interest @ 6.5% per annum from the date of filing of petition, till its realization, on account of injuries suffered by him in a vehicular accident.

FACTS

2. The appellant, being injured filed a claim petition before the Ld. Tribunal praying for grant of compensation to the tune of Rs. 25,00,000 (Rupees twenty five lakhs only) along with interest thereon @ 12% per annum on account of injuries suffered by him in a motor vehicular accident which took place on 01.07.2020 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 15.03.2022, arrived at a conclusion that the accident occurred on account of rash and negligent driving of respondent No.1 as well as contributory negligence on the part of the appellant/claimant to the extent of 50% and awarded the compensation in the following manner:-

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

.

1. Medical Treatment Expenses Rs. 4,25,000/-

2. Attendant Expenses Rs. 24,000/- 3. Loss of Income Rs. 54,000/-

4. Loss of Future Income on account of Rs. 10,88,640/-

Permanent Disability

5. Special Diet Rs. 10,000/- 6. Conveyance Expenses Rs. 17,000/- 7. Mental Pain and Agony Rs. 10,400/-

Total Compensation Rs. 16,29,040/-

50% Deduction Rs. 8,14,520/-

Further, liability was fastened upon the driver and the Insurer of the offending vehicle jointly and severally, but was to be indemnified by the Insurance Company.

4. Being aggrieved against the aforesaid award dated 15.03.2022; the present appeal has been preferred by the appellant/claimant for setting aside the findings regarding contributory negligence as well as for enhancement of compensation.

Facts as specified in the claim petition being not in dispute, therefore, for the sake of brevity, those are not being repeated here.

ARGUMENTS ON BEHALF OF THE APPELLANT/CLAIMANT

5. Learned counsel appearing on behalf of the appellant/claimant has argued that the Learned Motor Accident Claims Tribunal has erred in reducing the entitlement of the appellant to the extent of 50% by holding him contributorily negligent to the said extent, without there being any cogent evidence on record to substantiate such a finding. It was further contended that the Learned Tribunal wrongly assessed the monthly income of the appellant on a lower side, whereas the same ought to have been taken not less than Rs. 20,000/- per month, keeping in view the nature of his occupation and prevailing economic conditions. Learned counsel has also submitted that in view of the grievous injuries sustained by the appellant, which resulted in permanent and total disablement, the loss of earning capacity should have been taken at 100%, and the reduction made by the Tribunal was wholly unjustified and liable to be set aside.

ON BEHALF OF RESPONDENT No. 2/INSURANCE COMPANY

6. Per contra, learned counsel for respondent No.2/Insurance Company vehemently argued that in the facts and circumstances of the case, the appellant was adequately compensated, thus, the present appeal was liable to be dismissed.

ON BEHALF OF RESPONDENT No.1/DRIVER

7. Learned counsel appearing on behalf of respondent No.1, driver of the offending vehicle, contended that the accident did not occur on account of any rash or negligent driv