IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH PARVEEN KUMAR ......Appellant Vs.

DEEPAK SHARMA AND ORS. ......Respondents Reserved on: 16.03.2026 Pronounced on: 21.04.2026 Uploaded on:- 27.04.2026 Whether only the operative part of the judgment is pronounced? No Whether full judgment is pronounced? Yes CORAM: HON'BLE MRS. JUSTICE SUDEEPTI SHARMA Present: Mr. Sanjeev Kodan, Advocate for the appellant.

Mr. Rajesh Punj, Advocate Mr. Sahaj Punj, Advocate Mr. Vijaya, Advocate for respondent Nos.1 and 2.

Mr. D.K. Dogra, Advocate for respondent No.3-Insurance Company.

****

SUDEEPTI SHARMA J.

1. The present appeal has been filed by the claimant who, owing to a motor vehicular accident, has been rendered nearly 80% permanently disabled and has consequently lost his means of livelihood. Having suffered such grave physical and financial hardship, he had approached the Motor Accident Claims Tribunal, Ambala (hereinafter referred to as “the Tribunal”), seeking compensation for the injuries sustained by him. However, the learned Tribunal dismissed his claim petition vide Award dated 07.03.2012, compelling him to seek redress before this Court.

BRIEF FACTS OF THE CASE

2. The brief facts of the case are that on 31.01.2010, he, with his wife Monika was going from Ambala Cantt Mullana on his motorcycle bearing registration No. HR-01W-4847. One Sanjeev Kumar, with his wife Poonam was also following the petitioner on his motorcycle. At about 6.30 PM, when they crossed a Poultry Farm, near Kalpi crossing, the car in question driven by the respondent No.1 rashly, negligently and at a very high speed came from the side of Yamuna Nagar. The respondent No.1 tried to over the said car. take a However, truck going ahead on seeing of from the traffic coming opposite direction, he could not control the car in question and lost its balance due to the high speed. In that process, the respondent No.1 came on the wrong side of the road and truck against the motorcycle of the petitioner. Resultantly, the petitioner and his wife Monika fell down on the road. The petitioner suffered serious and multiple injuries. His wife Monika also suffered injuries. With the help of some passers by, the said Sanjeev Kumar stopped the car driver. The car driver disclosed his name as Deepak Sharma son of Shri Jawahar Lal Sharma, Sanjeev Kumar and his wife noted down the number of the car in question and took the petitioner and his wife to M.M.College & Hospital, Mullana. Since injuries on the leg of the petitioner were serious, he was referred to PGI, Chandigarh. Therein his leg was amputated. His wife remained admitted to MM College & Hospital, Mullana. The petitioner remained admitted to GI, Chandigarh till 9.3.2010. Thereafter, he was attending OPD, when ever he was called. He had already spent more than Rs. 5 lacs on his treatment and was expecting to incur more expenses on further treatment. Due to the accident in question and injuries in question, he has become permanently disabled and confined to bed. He cannot do his routine work and is unable to look after his business. His shop is lying closed till the date of filing of the petition. He has suffered great financial loss. He has not recovered from his injuries. He cannot move without an attendant. The accident has caused great mental pain and agony to him. An FIR No.19 dated 12.2.2010, was registered against the respondent No.1 under Sections 279/337/338 IPC at PS Mullana, although the police had received information regarding the accident in question on 31.1.2010 itself. During the said period, police visited the Hospital number of occasions but did not meet the petitioner as he was not in a position to make the statement. Ultimately, the said Sanjeev Kumar was asked to make the statement and upon his statement. FIR was registered on 12.2.2010. Further more, owner and driver of the car in question were pressing upon the relatives of the petitioner to enter into an out of court settlement. However, on seeing the conditio