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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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FAO-2276-2004

CHANDLI DEVI AND OTHERS

. . . . Appellant

Vs.

SATPAL AND OTHERS

. . . . Respondents

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Reserved on: 21.04.2026

Pronounced on: 22.04.2026

Pronounced Fully/Operative Part: Fully

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CORAM: HON’BLE MR JUSTICE DEEPAK GUPTA

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Present: - Mr. Sandeep Verma, Advocate, for the appellants.

Mr. Nikunj Dhawan, Advocate,

for respondent No.3-Insurance Company.

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DEEPAK GUPTA, J.

The present appeal has been filed by the claimants seeking

modification of the award dated 23.12.2003 passed by the learned Motor

Accident Claims Tribunal, Rewari, whereby a sum of ₹1,00,000/- was awarded

as compensation on account of injuries sustained by Narender Kumar Yadav.

2. The facts, in brief, are that on 14.07.2001, Narender Kumar Yadav,

along with his family members, was travelling in Jeep No. HR-47-6055 from

Narnaul to his village Anandpur. The vehicle was being driven by respondent

No.1 in a rash and negligent manner. Due to a sudden jerk, the said Narender

Kumar Yadav fell from the jeep and sustained multiple grievous injuries,

particularly affecting his spine, resulting in paraplegia. He was immediately

taken to Safdarjung Hospital, Delhi, for treatment, and an FIR was registered at

the instance of his brother, who was also travelling with him.

3. The injured initially filed a claim petition under Section 166 of the

Motor Vehicles Act seeking compensation. However, during the pendency of

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FAO-2276-2004 2026:PHHC:060489

the proceedings, he succumbed on 01.01.2003, and his legal representatives,

namely his mother, widow, brother, and sister, were brought on record.

4. The record reveals that the driver and the insurer did not contest

the proceedings and were proceeded against ex parte. The owner alone filed a

written statement, primarily asserting that the vehicle was duly insured.

5. Upon appreciation of evidence, the learned Tribunal held that the

accident had occurred due to rash and negligent driving of respondent No.1.

However, the Tribunal declined to accept the plea that the death of Narender

Kumar Yadav had occurred as a consequence of the injuries sustained in the

accident and, therefore, treated the claim as one pertaining only to injuries.

Consequently, a lump sum amount of ₹1,00,000/- was awarded.

6. Assailing the said award, learned counsel for the appellants has

contended that the Tribunal committed a grave error in discarding the

unrebutted testimony of the widow and brother of the deceased regarding

the cause of death. It is argued that the deceased had suffered 100%

permanent disability in the form of paraplegia and remained in such condition

for about one and a half years, which itself probabilises that he must have

developed multiple complications ultimately leading to his death. It is further

contended that the absence of a post-mortem report cannot be treated as

conclusive to deny the causal link between the injuries and the death,

particularly when no evidence to the contrary was led by the respondents.

7. Per contra, learned counsel for the insurance company has

argued that there is no direct medical evidence establishing nexus between

the injuries and the death, though it is fairly conceded that no rebuttal

evidence was adduced on behalf of the respondents.

8. Having heard learned counsel for the parties and perused the

record, this Court finds merit in the submissions advanced on behalf of the

appellants.

9. The approach adopted by the Tribunal in rejecting the claim as a

death case merely on account of absence of a post-mortem report cannot be

sustained. It is well settled that proceedings under the Motor Vehicles Act are

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summary in nature and strict rules of evidence are not required to be applied.

The claimants are only required to establish their case on the touchstone