IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

221 FAO-2693-2002(O&M)

Date of decision- 06.04.2026 Rakesh Kumar ……Appellant Versus Net Ram and others ……Respondents CORAM: HON’BLE MR. JUSTICE AMARINDER SINGH GREWAL ****

Present: Mr. Kunal Phogat, Advocate, for the appellant Mr. Vijay Kumar Garg, Advocate, for the respondent No.3 (Insurance Company)

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AMARINDER SINGH GREWAL, J.

1. The present appeal has been filed by the appellant–claimant seeking enhancement of the compensation Awarded by the learned Motor Accident Claims Tribunal, Gurgaon (hereinafter “the Tribunal”), vide ₹

Award dated 13.02.2002, whereby a sum of 1,02,517/- was granted on account of injuries sustained by him in a Motor Vehicle Accident dated

28.07.1999 due to rash and negligent driving of respondent No.2.

2. Succinctly, the facts of the case are that on 28.07.1999, the claimant–appellant was traveling from Ferozepur Jhirka to his village Pahari in Jeep No. HR-28-5144, driven by respondent No. 2, when despite being cautioned to drive slowly, the driver (respondent No. 2) drove the vehicle in a rash and negligent manner and, near village Mameda and then collided with another jeep ahead. As a result whereof the claimant fell down and sustained grievous injuries, including fracture and crushing of his leg underneath the jeep. Subsequently, FIR No. 118 of 1999 was registered at Police Station Ferozepur Jhirka. The claimant remained admitted in hospital for 48 days from 28.07.1999 to 14.09.1999 underwent surgical operations with insertion of a rod, and suffered permanent disability to the extent of 25% in relation to his left lower limb. Consequently, he filed a petition seeking compensation on the account of injuries suffered by him. The learned Motor Accident Claims Tribunal, Gurgaon, vide Award dated ₹

13.02.2002, granted a total compensation of 1,02,517/-, along with interest @ 9% per annum and being dissatisfied with the compensation so awarded, the claimant has preferred the present appeal seeking enhancement.

3. Learned counsel for the appellant–claimant contends that the compensation awarded by the learned Tribunal is wholly inadequate and does not reflect the true extent of loss suffered by the appellant in the facts and circumstances of the present case. It is submitted that the appellant had filed the claim petition on account of grievous injuries sustained in the motor vehicle accident, which resulted in fracture of his leg, multiple surgical interventions including insertion of a rod, prolonged treatment and permanent disability to the extent of 25%, thereby seriously impairing his earning capacity and normal enjoyment of life. Furthermore, it is contended that the learned Tribunal has erred in assessing the income of the appellant on the lower side and has failed to appreciate that the appellant, being a young businessman, was earning substantially more than what has been taken into account.

3.1 It is further contended that no amount has been awarded towards pain and suffering and special diet, and the amounts granted under the heads of transportation and attendant charges are merely nominal and wholly insufficient. It is also urged that the loss of future earning capacity has been computed in a mechanical manner without properly appreciating the functional impact of the disability on the appellant’s vocation, and without applying the settled principles governing assessment of compensation. Lastly, it is contended that the learned Tribunal has failed to take into consideration the long-term effect of the permanent disability on the appellant’s future prospects and overall quality of life, thereby resulting in undervaluation of just compensation.

4. Per contra, learned counsel for respondent No.3-Insurance Company submitted that the Award passed by the learned Tribunal does not suffer from any irregularity or infirmity, and that the findings recorded therein are well-reasoned on the basis of the material available before the learned Tribunal. It is acco