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FAO-1559-2001

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

253 FAO-1559-2001 Reserved on : 23.03.2026

Date of Pronouncement : 02.04.2026 Uploaded on : 07.04.2026

Harparamjit Singh ...Appellant

Versus Tarlochan Singh and Ors ... Respondents

CORAM :HON'BLE MR. JUSTICE AMARINDER SINGH GREWAL

Present: Mr. Sandeep Verma, Advocate, &

Ms. Rupali Verma, Advocate, for the appellant.

Mr. Saurav Gumbal, Advocate for Mr. Pardeep Goyal, Advocate, withdraw

Mr. Abhishek Goyal, Advocate, for respondent No.3.

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AMARINDER SINGH GREWAL, J. (ORAL)

1. The present appeal has been filed by the claimant-appellant seeking enhancement of the compensation awarded by the learned Motor Accident Claims Tribunal, Chandigarh (hereinafter referred to as “the learned Tribunal”) vide award dated 02.02.2001, whereby a sum of ₹2,00,000/- along with interest @ 9% per annum from the date of filing of the claim petition till realization was awarded on account of injuries sustained by the appellant in a motor vehicular accident dated 27.04.1997. The accident occurred due to the rash and negligent driving of truck bearing

registration No. HR-29-B-2807 by respondent No.2.

ANIL KUMAR

2026.04.07 17:52 I attest to the accuracy and integrity of this document

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FAO-1559-2001

2. The brief facts of the case are that on 27.04.1997 at about 8:35 PM, the appellant–claimant, while serving as a Constable in Chandigarh Police, was returning from duty as a pillion rider on motorcycle bearing registration No. BHM-5964, driven by HC Virinder Singh, and when they reached near New Power House, Madhya Marg, Sector 29, Chandigarh, a truck bearing registration No. HR-29-B-2807, driven by respondent No.2, came from behind in a rash and negligent manner and struck against the said motorcycle, as a result whereof the claimant sustained grievous injuries leading to amputation of his left leg below the knee. In respect of the said accident, FIR No. 55 dated 27.04.1997 under Sections 279, 337 and 338 IPCwas registered. The claimant was taken to PGI, Chandigarh, where he remained admitted from 27.04.1997 to 04.06.1997 and underwent amputation on 02.06.1997. The claimant suffered permanent disability, which was assessed as 91% disability of the lower limb and 32% disability in relation to his whole body, as per the disability certificate duly proved on record by PW1 Dr. M.S. Dhillon. In order to prove his case, the claimant examined himself as PW2, Dr. M.S. Dhillon as PW1, who proved the disability certificate, and HC Virinder Singh as PW3, an eye-witness to the occurrence, and also produced documentary evidence on record. Respondents No.1 and 2 were proceeded ex parte, whereas respondent No.3–Insurance Company contested the claim petition but did not lead any substantive evidence except tendering the insurance policy. On the basis of pleadings, the learned Tribunal framed seven issues and, after appreciating the evidence on record, held that the accident had occurred due to rash and

ANIL KUMAR

2026.04.07 17:52 I attest to the accuracy and integrity of this document

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FAO-1559-2001

negligent driving of respondent No.2 and awarded compensation of ₹2,00,000/- along with interest @ 9% per annum from the date of filing of the claim petition till realization, fastening the liability jointly and severally upon the respondents. Aggrieved against the aforesaid award passed by the learned Tribunal, the present appeal has been preferred by the appellant

seeking enhancement of the compensation.

3. Learned counsel for the appellant-claimant submitted that the impugned award was wholly inadequate and suffered from non- consideration of material evidence. It was contended that the appellant had proved on record, through cogent evidence, that he had sustained grievous injuries in the accident dated 27.04.1997. These injuries resulted in a traumatic below-knee amputation with partial ankylosis of the left knee, leading to significant permanent disability. T