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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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FAO-3994-2003

SURINDER SINGH . . . . Appellant

Vs.

Amar Nath and others . . . . Respondents

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Reserved on: 06.05.2026

Pronounced on: 07.05.2026

Pronounced Fully/Operative Part: Fully

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CORAM: HON’BLE MR JUSTICE DEEPAK GUPTA

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Present: - Mr. Dinesh Maurya, Advocate,

Mr. G.S. Sandhu, Advocate, for the appellant.

Mr. Paul S. Saini, Advocate,

for respondent No.3-Insurance Company.

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DEEPAK GUPTA, J.

This claimant’s appeal is directed against the award dated

30.07.2003 passed by learned Motor Accident Claims Tribunal, Karnal, whereby

compensation on account of injuries suffered by the appellant in a motor

vehicular accident was assessed at ₹77,900/-.

2. Briefly stated, on 20.07.2001, the claimant-appellant was

proceeding on his motorcycle from Karnal towards Assandh. When he reached

near Community Health Centre, Assandh, offending vehicle bearing registration

No.HR-46-0896, being driven by respondent No.1 in a rash and negligent

manner and on the wrong side of the road, struck against the motorcycle of the

claimant, resulting in grievous injuries to him. Initially, he was taken to CHC,

Assandh and thereafter shifted to Karan Hospital, Karnal, where he remained

admitted from 20.07.2001 to 04.08.2001.

3. The claimant instituted a petition under Section 166 of the Motor

Vehicles Act, 1988 seeking compensation from the driver, owner and insurer of

the offending vehicle. Respondent No.1-driver did not contest the proceedings

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FAO-3994-2003 2026:PHHC:070801

and was proceeded against ex parte, whereas respondents No.2 and 3

contested the claim petition.

4. On appraisal of the evidence, learned Tribunal recorded a

categorical finding that the accident had taken place due to rash and negligent

driving of the offending vehicle by respondent No.1 and accordingly awarded

compensation of ₹77,900/- along with interest. However, since the driver was

found not to be holding a valid and effective driving licence at the time of

accident, recovery rights were granted to the Insurance Company against the

owner of the offending vehicle.

5. The claimant has preferred the present appeal seeking

enhancement of compensation on the ground that the amount awarded by the

Tribunal is wholly inadequate keeping in view the nature of injuries, disability

and its impact upon his earning capacity.

6. Learned counsel for the appellant has contended that the claimant

had suffered compound fractures resulting in permanent disability and stiffness

in the right lower limb, which materially affected his capacity to perform

agricultural work. It is submitted that the Tribunal assessed the income on the

lower side and also awarded inadequate compensation under various heads.

7. Per contra, learned counsel appearing on behalf of the Insurance

Company has argued that the compensation awarded by the Tribunal is fair and

reasonable and does not warrant any interference.

8. This Court has heard learned counsel for the parties and carefully

examined the evidence available on record.

9. At the outset, it may be noticed that the findings recorded by the

Tribunal with regard to rash and negligent driving of the offending vehicle as

well as grant of recovery rights in favour of the insurer have attained finality, as

the same have not been challenged by the owner or driver. Therefore, the only

issue requiring consideration in the present appeal is with regard to adequacy

of compensation.

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10. The medical evidence on record reveals that the claimant had

suffered compound fracture of right femur besides fractures involving right

hand and right great toe. He underwent surgical procedures during

hospitalization and due to post-operative infection, he had to undergo another

surgery on 31.07.2001. The claimant remained admitted in hospital for ab