FAO No.946 of 1 IN TH 103 (2 cases) Ashok Kumar (si Raj Pal and other 2. FAO No.9 Satish Kumar Raj Pal and other CORAM: HON Present: Ms. for t Non Mr. for r **** AMARINDER S 1. This 947-1994 preferr respectively in w passed by the l referred to as ‘t 46 of 1994 (O&M) -1- IN THE HIGH COURT OF PUNJA AT CHANDIGAR ar (since deceased) through LRs Versus d others No.947 of 1994 (O&M) Versus d others HON’BLE MR. JUSTICE AMARIN Ms. Gurdeep Kaur, Advocate for the appellant in FAO No.946 of 1 None for the appellant in FAO No.9 Mr. Aseem Aggarwal, Advocate for respondent No.3-Insurance Com **** DER SINGH GREWAL, J. This order shall dispose of two appe preferred by the appellants namely A in which subject matter of challeng the learned Motor Accident Claim as ‘the Tribunal’) on the ground UNJAB AND HARYANA IGARH FAO No.946 of 1994 (O&M Reserved on:23.03.2026 Pronounced on:30.03.2026 Uploaded on:01.04.2026 …Appellant …Respondents …Appellant …Respondents ARINDER SINGH GREWAL 46 of 1994. No.947 of 1994. e Company. o appeals, i.e. FAO-946-1994 and FAO mely Ashok Kumar and Satish Kum hallenge is the award dated 16.03.199 Claims Tribunal, Sonepat (hereinaft ound of quantum, whereby a sum o O&M) 2026 ents d FAO- Kumar 03.1994 reinafter sum of PANKAJ KUMAR 2026.04.01 14:45 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh FAO No.946 of 1 Rs.50,000/- each motor vehicular negligent driving 8551. For the sak 1994 titled as ‘As 2. On Kumar were trav Amit Kumar met driven by respon appellants name whereas Amit K Ashok Kumar in his legal represe mandible bone f Rs.50,000/-; wh suffered fracture for the same was sought by the app 3. In F that the appell Chandigarh for 2 assessed at 19% and did not gra appellant, who w Rs.10,000/- each 46 of 1994 (O&M) -2- each was granted on account of inju icular accident dated 30.12.1990, wh riving of respondent No.1-driver of tru the sake of convenience, the facts are Ashok Kumar Vs. Rajpal and othe On 30.12.1990, appellants before re travelling in the car bearing registra ar met with an accident with a truck b respondent No.1 herein in a rash and namely Ashok Kumar and Satish mit Kumar died owing to the injuri in FAO No.946 of 1994 (since epresentatives) had fractures of clav bone for which the learned Tribunal ; whereas appellant-Satish Kumar actures in right leg and mandible bon e was Rs.50,000/-. In both appeals, the appellants. In FAO No.946 of 1994, learned co appellant-Ashok Kumar had remai h for 22 days and spent Rs.60,000/- on %, however, the learned Tribunal ot grant any compensation towards who was running a betal shop at the each granted towards pain and suffe of injuries suffered by appellants, in th which took place due to rash an of truck bearing registration No.HRD ts are being taken from FAO No.946 others’. efore this Court along with one Am egistration No.DL-2-CA-5681 driven b ruck bearing registration No.HRD-855 sh and negligent manner, due to whic atish Kumar received serious injurie injuries suffered by him. Appellan ince deceased and being represented b f clavicle bone, wrist, nose bone an ibunal had awarded a compensation o umar in FAO No.947 of 1994 h le bone and the compensation assesse peals, enhancement of compensation ned counsel for the appellant submitte remained hospitalized in PGIMER on his treatment. His disability wa ibunal completely ignored the said fa wards loss of earning capacity to th at the time of accident. The amount o suffering and special diet, conveyanc , in the ash and o.HRD- 946 of e Amit riven by 8551 o which injuries pellant- nted by one and ation of 94 had assessed sation is bmitted IMER, lity was aid fact to the ount of veyance PANKAJ KUMAR 2026.04.01 14:45 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh FAO No.946 of 1 etc. are on lower person of 28 year definitely have a have been award prospects. 4. In F appellant. Posit 24.09.2025, 29.0 appellant was rec 5. Lear that the award pa or infirmity, and of the material av appellant in FAO and legal repres suffered by the d of injuries suffer cannot be contin placed upon the j Sukhdev Singh was accordingly 6. In re relied upon the j Insurance Comp through his lega 46 of 1994 (O&M) -3- lower side and requires enhancement. 8 years of age and facial injuries suffe have an impact on his marriage prosp awarded by the learned Tribunal un In FAO No.947 of 1994, there was Position was not different on 21.0 9.09.2025, 29.10.2025 and 17.11.2 as received back unserved with the re earned counsel for respondent No ard passed by the learned Tribunal doe y, and that the findings recorded there rial available before the learned Tribu n FAO No.946 of 1994 has died and, t representatives cannot prosecute the y the deceased, as the claim for comp fered by an injured is a right pers continued by the legal representativ n the judgment passed by a Coordinat ngh through his LRs Vs. Ramesh ingly contended that no ground is mad In rebuttal, learned counsel for the a n the judgment passed by the Hon’ble ompany Limited Vs. Kahlon @ Ja legal representative Narinder Kahl ement. The appellant was an unmarrie suffered by him in the accident wou prospects, thus, a just amount ought nal under the head of loss of marriag e was no representation on behalf of th n 21.04.2025, 19.05.2025, 29.07.202 17.11.2025. Even notice issued to th the report that he had sold the house. nt No.3-Insurance Company submit nal does not suffer from any irregulari d therein are well-reasoned on the bas Tribunal. It was further argued that th and, therefore, the appeal stands abate te the claim petition for the injurie compensation for damages on accou ht personal to the injured and this rig entatives. Reliance in this regard wa rdinate Bench of this Court rendered esh Kumar 2019 (2) Law Herald is made out for interference in appeals r the appellant in FAO No.946 of 199 ble Supreme Court in The Orient @ Jasmail Singh Kahlon (deceased Kahlon Gasakan and another (2022 married t would ought to arriage lf of the 7.2025, d to the ouse. bmitted gularity he basis that the s abated injuries account his right ard was dered in ald. It ppeals. of 1994 riental eased) (2022) PANKAJ KUMAR 2026.04.01 14:45 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh FAO No.946 of 1 13 SCC 494 whe death of injured expenditure on m loss of income an 7. I hav with their able as 8. The occurred within t to adjudicate th available. 9. In v the Hon’ble Sup Limited (supra), does not abate ev 10. Ther learned Tribunal the appellant on procedures to red for about 22 days may have spen Rs.20,000/- towa and in the absen takes the notiona future prospects suitable to the ag 46 of 1994 (O&M) -4- wherein it has been held that motor njured claimant and compensation r e on medicines, treatment, diet, atten ome and future prospects. I have heard learned counsel for the able assistance. The records of the case were de ithin the premises of this Court and, th ate the matter on the basis of the In view of the ratio decidendi culle le Supreme Court in the case of Th upra), this Court has no hesitation in h ate even on death of the injured claim There is no evidence available befo ibunal in its award with respect to am ant on his treatment. Since the ap to reduce the fractures suffered by h 2 days in PGIMER, Chandigarh, this spent Rs.20,000/- towards medic towards medical expenses. The ap absence of any documentary evidenc notional income of the appellant as R pects of 40% are to be added and mu the age of the appellant at the time of motor accident claim does not abate o tion regarding loss of estate include , attendant, doctor’s fee etc. as well a for the parties and examined the recor ere destroyed in a fire accident th and, therefore, this Court is constraine of the limited documentary evidenc culled out in the judgment passed b The Oriental Insurance Compan on in holding that motor accident clai claimant. le before this Court or discussed by th t to amount of expenditure incurred b the appellant had undergone surgic d by him and he remained hospitalize , this Court presumes that the appella medical expenses and thus, gran he appellant was running a betal sho vidence towards his income, this Cou nt as Rs.1500/- per month; whereupo nd multiplier of 17 would be applied a ime of accident, in view of the law la e on includes well as record, ent that strained vidence ssed by pany nt claim d by the rred by surgical italized ppellant grants tal shop is Court ereupon plied as law laid PANKAJ KUMAR 2026.04.01 14:45 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh FAO No.946 of 1 down by the Hon Sethi (2017) 16 S record to show keeping in view disability of the a future prospects Rs.10,000/- eac diet/conveyance the fact that the suffered facial in prospects. Fur amenities/enjoym of income durin compensation pa 11. In v 1994 is allowed above the compe @7.5% per annu The enhanced co deceased-appella 12. Sinc numerous opport non-availability No.947 of 1994 reopen the same 46 of 1994 (O&M) -5- he Hon’ble Supreme Court in Nationa ) 16 SCC 680. He had suffered 19% show whether the disability was per view the fact that his left wrist wa f the appellant as 10% functional disa spects is assessed as Rs.42,840/-. each under the heads of pai yance etc. as granted by the learned Tr at the appellant was unmarried at t cial injuries, a sum of Rs.50,000/- is a Further a sum of Rs.25,000/ enjoyment of life as well as a sum of R during the period of treatment and ion payable shall be Rs.1,62,840/-. In view of the aforesaid facts and owed to the above extent and the enh compensation awarded by the learned r annum from the date of filing of the ced compensation shall be payable ppellant in equal ratio by respondent N Since there was no representation o opportunities and service was not ef bility of address, as he has sold his 1994 is dismissed for non-prosecutio same on his appearance before this Co tional Insurance Co. Ltd. Vs. Prana d 19% disability but there is nothing o as permanent or temporary, therefor ist was fractured, this Court takes th al disability. Consequently, the loss o . This Court retains the amount o f pain and suffering and speci ned Tribual. However, keeping in vie d at the time of accident and he ha is awarded towards loss of marriag ,000/- is awarded towards loss o m of Rs.5000/- is awarded towards lo t and recovery period. Thus, the tot ts and circumstances, FAO No.946 o e enhanced compensation i.e. over an earned Tribunal shall also carry intere of the claim petition till its realizatio to the legal representatives of th dent No.3-Insurance Company. ation on behalf of the appellant despi not effected upon the appellant due ld his house, the appeal bearing FA ecution with liberty to the appellant this Court. ranay thing on erefore, kes the loss of ount of special in view he had arriage loss of rds loss the total .946 of ver and interest lization. s of the despite t due to g FAO ellant to PANKAJ KUMAR 2026.04.01 14:45 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh FAO No.946 of 1 13. Pend March 30, 2026 Pankaj* 46 of 1994 (O&M) -6- Pending misc. application(s), if any, (AMARIN , 2026 Whether speaking/reasoned: Whether Reportable:- if any, also stands disposed of. ARINDER SINGH GREWAL) JUDGE ned:- Yes/No Yes/No PANKAJ KUMAR 2026.04.01 14:45 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh