FAO-1559-2001
IN THE 253 Harparamjit Sing Tarlochan Singh CORAM :HON Present: Mr Ms for Mr. Mr. Mr. for AMARINDER S 1. The seeking enhance Accident Claim learned Tribuna ₹2,00,000/- alon the claim petiti sustained by the The accident occ registration No. 2001 
THE HIGH COURT OF PUNJAB CHANDIGARH Reser Date of Pronounce Uploaded Singh Versus Singh and Ors HON'BLE MR. JUSTICE AMARIN Mr. Sandeep Verma, Advocate, & Ms. Rupali Verma, Advocate, for the appellant. Mr. Saurav Gumbal, Advocate for Mr. Pardeep Goyal, Advocate, with Mr. Abhishek Goyal, Advocate, for respondent No.3. *** DER SINGH GREWAL, J. (ORAL) The present appeal has been file nhancement of the compensation aw Claims Tribunal, Chandigarh (here ribunal”) vide award dated 02.02 along with interest @ 9% per annu petition till realization was awar by the appellant in a motor vehicula ent occurred due to the rash and negli n No. HR-29-B-2807 by respondent N NJAB AND HARYANA AT ARH FAO-1559-2001 Reserved on : 23.03.2026 ncement : 02.04.2026 oaded on : 07.04.2026 ...Appellant ... Respondents ARINDER SINGH GREWAL & for e, withdraw RAL) en filed by the claimant-appellant ion awarded by the learned Motor (hereinafter referred to as “the 02.02.2001, whereby a sum of r annum from the date of filing of awarded on account of injuries hicular accident dated 27.04.1997. d negligent driving of truck bearing dent No.2. llant otor “the of g of uries 997. ring ANIL KUMAR 2026.04.07 17:52 I attest to the accuracy and integrity of this document FAO-1559-2001
2. The PM, the appella Police, was retu registration No. reached near Ne truck bearing re came from behin motorcycle, as leading to ampu accident, FIR N IPCwas registere remained admi amputation on which was asses in relation to his record by PW1 examined himse disability certific occurrence, an Respondents No No.3–Insurance substantive evid pleadings, the le the evidence on 2001 
The brief facts of the case are that ppellant–claimant, while serving as as returning from duty as a pillion n No. BHM-5964, driven by HC Vi ear New Power House, Madhya Ma ing registration No. HR-29-B-2807 behind in a rash and negligent mann e, as a result whereof the claimant amputation of his left leg below the FIR No. 55 dated 27.04.1997 under gistered. The claimant was taken to admitted from 27.04.1997 to 0 n on 02.06.1997. The claimant su s assessed as 91% disability of the lo to his whole body, as per the disabil PW1 Dr. M.S. Dhillon. In order to himself as PW2, Dr. M.S. Dhillon certificate, and HC Virinder Singh as e, and also produced documen nts No.1 and 2 were proceeded ex rance Company contested the claim e evidence except tendering the insu the learned Tribunal framed seven i ce on record, held that the accident h re that on 27.04.1997 at about 8:35 ing as a Constable in Chandigarh illion rider on motorcycle bearing C Virinder Singh, and when they ya Marg, Sector 29, Chandigarh, a 2807, driven by respondent No.2, t manner and struck against the said aimant sustained grievous injuries ow the knee. In respect of the said under Sections 279, 337 and 338 ken to PGI, Chandigarh, where he to 04.06.1997 and underwent ant suffered permanent disability, the lower limb and 32% disability disability certificate duly proved on der to prove his case, the claimant Dhillon as PW1, who proved the ingh as PW3, an eye-witness to the umentary evidence on record. ded ex parte, whereas respondent claim petition but did not lead any e insurance policy. On the basis of even issues and, after appreciating ident had occurred due to rash and 8:35 garh ring they rh, a o.2, said uries said 338 e he went ility, ility d on mant the o the cord. dent any is of ating and ANIL KUMAR 2026.04.07 17:52 I attest to the accuracy and integrity of this document FAO-1559-2001
negligent drivin ₹2,00,000/- alon the claim petitio upon the respon learned Tribuna seeking enhance 3. Lear impugned awar consideration of proved on recor injuries in the traumatic below leading to signi testimony of PW reflected 91% di medical records was hospitalized amputation surg argued that the l for an artificial l based on a mer contended that reimbursement, reimbursement f 2001 
driving of respondent No.2 and along with interest @ 9% per annu petition till realization, fastening the espondents. Aggrieved against the af ribunal, the present appeal has been hancement of the compensation. Learned counsel for the appellant award was wholly inadequate ion of material evidence. It was cont record, through cogent evidence, th the accident dated 27.04.1997. T below-knee amputation with partial significant permanent disability. T of PW1, Dr. M.S. Dhillon, and the 1% disability of the lower limb. Ref cords from PGI Chandigarh, which talized from 27.04.1997 to 04.06.19 n surgery was conducted on 02.06. t the learned Tribunal had erred in ficial limb (Mark ‘A’) and by wrong a mere presumption of reimburseme that no evidence was led by the ment, and the claimant had categor ment from the department. It was em and awarded compensation of r annum from the date of filing of g the liability jointly and severally t the aforesaid award passed by the s been preferred by the appellant pellant-claimant submitted that the quate and suffered from non- contended that the appellant had nce, that he had sustained grievous 997. These injuries resulted in a partial ankylosis of the left knee, lity. The claimant relied upon the nd the disability certificate, which b. Reference was also made to the hich established that the appellant .06.1997, during which period the 02.06.1997. Furthermore, it was in law by ignoring the estimate wrongly denying medical expenses ursement. Learned counsel further y the respondents to prove such ategorically denied receiving any as emphasized as a settled position of g of rally the llant t the vous in a nee, the hich the llant the was mate nses rther such ition ANIL KUMAR 2026.04.07 17:52 I attest to the accuracy and integrity of this document FAO-1559-2001
of law that me specific bills, de appellant further the Tribunal had pain and sufferin It was argued tha other relevant h was prayed that accordance with Limited v. Pran interest be increa support of his Kumar vs. Ajay Naresh Kumar State Transport Dhara Banjara National Insura (O&M), decide held that just co impact, along wi enhancement. 4. 4. Per Company has co illegality or perv 2001 
at medical expenses may be award depending upon the facts and cir further asserted that the compensatio had failed to properly assess non uffering, loss of amenities, and the in that the Tribunal had omitted to g vant heads, thereby rendering the aw that the appeal be allowed, the co e with the principles laid down in N PranaySethi and Others(2017) 16 increased from 9% to 18% per annum f his contentions, the appellant ha Ajay Kumar &Anr., (2011) 1 SCC ar &Ors., (2020) 14 SCC 715; R sport Corporation Ltd., (2022) 5 jara vs. Shyam Singh Varma &Or surance Co. Ltd. vs. Sukhdev Sin ecided on 12.03.2026 (P&H High just compensation must be awarded ong with appropriate interest; hence, t Per contra, learned counsel for contended that the impugned aw r perversity and had been passed aft awarded even in the absence of and circumstances of the case. The ensation was grossly inadequate as non-pecuniary damages, including the inability to lead a normal life. to grant any future prospects and the award unjust. Consequently, it the compensation be enhanced in National Insurance Company 7) 16 SCC 680, and the rate of r annum in the interest of justice. In nt has placed reliance upon Raj 1 SCC 343; PappuDeo Yadav vs. R. Valli&Ors. vs. Tamil Nadu 22) 5 SCC 107; Dara Singh @ &Ors., (2019) 15 SCC 354; and v Singh &Ors., FAO-3690-2013 High Court), wherein it has been arded considering disability and its ence, the impugned award deserves l for respondent No.3–Insurance ned award did not suffer from any ed after due appreciation of oral as e of The te as ding life. and ly, it in ny te of In aj vs. du @ and 2013 been d its rves ance any al as ANIL KUMAR 2026.04.07 17:52 I attest to the accuracy and integrity of this document FAO-1559-2001
well as docume failed to substan and the learne compensation. awarded was upward revision were well-reaso Consequently, it dismissal. 5. I ha through the rec appeal lies in a n whether the com requirement of ‘ Act,1988, partic claimant and its 6. It is assessment of medical disabilit impact on the e Kumar, (2011) Tribunal must as in view the nat claimant, at the 2001 
ocumentary evidence. It was conte ubstantiate the claim for enhancemen learned Tribunal had already gr tion. Learned counsel further argu in consonance with settled law vision. It was maintained that the fin reasoned and did not call for any ntly, it was prayed that the appeal, be I have heard learned counsel for e record with their assistance. The in a narrow compass. The question t he compensation awarded by the le nt of ‘just compensation’ under Sectio particularly in view of the permane nd its impact on his earning capacity. It is well settled law that in cases t of compensation cannot be con isability alone, but must extend to the the earning capacity of the claim 11) 1 SCC 343,the Hon’ble Supre ust assess the effect of disability on he nature of avocation of the injur at the time of accident, was serv contended that the appellant had cement by leading reliable evidence dy granted just and reasonable argued that the rate of interest led law and did not warrant any the findings of the learned Tribunal r any interference by this Court. eal, being devoid of merit, deserves sel for the parties and have gone e. The controversy in the present stion that arises for consideration is the learned Tribunal satisfies the r Section 168 of the Motor Vehicles rmanent disability suffered by the pacity. cases of permanent disability, the e confined to the percentage of to the functional disability and its claimant. In Raj Kumar v. Ajay Supreme Court has held that the ity on the earning capacity keeping injured. In the present case, the s serving as a Constable in the ence able erest any unal ourt. gone sent on is the icles the , the e of d its jay t the ping , the the ANIL KUMAR 2026.04.07 17:52 I attest to the accuracy and integrity of this document FAO-1559-2001
Chandigarh Pol activity includin capacity is not diminished effic future prospects. perform his du However, there amputation had a he was demoted Although the ind on account of th responsibilities. station or police nature, such as related tasks wit opinion that the promotional pro post-retirement p appropriate to promotional pros 7. Inso evidence in the claimant to sub claimant, being 2001 
h Police Department, a post invo cluding mobility, patrolling and fi is not synonymous with loss of a d efficiency, restricted functional ab spects. Due to the amputation, the cl is duties with the same efficiency there is no evidence before this n had any diminishing effect on the in moted from the post he was holding the individual may not be able to ef t of the amputation, he remains capab lities. He may suitably be assigne police headquarters, or be entrusted ch as handling emergency calls or a ks within the police department. Nev at the injuries suffered by the appell al prospects, which will, in turn, ha ment pensionary benefits. Therefore e to grant a sum of ₹10,00,000/ al prospects and post-retirement pens Insofar as medical expenses are in the form of medical bills has been to substantiate the expenditure incu being a government employee servin t involving considerable physical and field duties. Loss of earning s of actual income, but includes nal ability and adverse impact on the claimant is evidently unable to iency as prior to the accident. e this Court to suggest that the the income of the appellant or that olding at the time of the accident. to efficiently perform field duties s capable of discharging alternative ssigned clerical work at a police usted with other duties of a similar ls or attending to communication- Nevertheless, this Court is of the appellant will certainly hamper his rn, have an adverse impact on his refore, this Court deems it fit and ,000/-towards the loss of future t pensionary benefits. s are concerned, no documentary as been produced on record by the re incurred during treatment. The serving in the Chandigarh Police, sical ning udes t on le to the that dent. uties ative olice ilar f the r his n his and ture tary the The lice, ANIL KUMAR 2026.04.07 17:52 I attest to the accuracy and integrity of this document FAO-1559-2001
would ordinarily In the absence o the record, no am the injuries, part of treatment an awarded by the found to be inad would also have during the peri ₹75,000/- each is 8. The pursuant to the establishes that prosthetic limb. ₹45,750/- in 20 prosthetic limb a prosthesis requir claimant is held already incurred 9. It is evidence, that maintenance. Th throughout his towards future 2001 
inarily be entitled to medical reimbur ence of any cogent evidence to the c , no amount is awarded under this he s, particularly the amputation of the l ent and mental agony undergone b y the learned Tribunal under the he e inadequate and is hereby enhanced o have incurred expenses towards s e period of treatment and recove each is awarded under the said heads The evidence on record, includin to the remand of the matter to th s that the claimant has incurred su limb. PW-4 Sanjay Kumar proved 2013, ₹25,000/- in 2021 and limb and its replacement. The eviden requires periodic replacement every s held entitled to ₹3,50,750/- towar curred. It is apparent from the evidence on that a prosthetic limb requires ce. The claimant is thus bound to t his lifetime. Accordingly, a sum uture medical expenses relating to eimbursement from the department. the contrary, and keeping in view this head. Considering the nature of f the leg, and the prolonged period one by the claimant, the amount the head of 'Pain and Suffering' is anced to ₹1,00,000/-. The claimant ards special diet and conveyance recovery; accordingly, a sum of heads. luding the additional evidence led to the learned Tribunal, further red substantial expenditure on the proved that the claimant incurred and ₹2,80,000/- in 2024 towards evidence also establishes that such every 5–6 years. Accordingly, the towards the cost of artificial limb nce on record by way of additional quires periodic replacement and nd to incur recurring expenditure a sum of ₹5,00,000/- is awarded ng to prosthetic limb. Due to the ent. view re of riod ount g' is mant ance of e led rther the rred ards such , the limb ional and iture rded the ANIL KUMAR 2026.04.07 17:52 I attest to the accuracy and integrity of this document FAO-1559-2001
permanent disab amenities of lif Accordingly, a s of loss of amenit 10. In v considered opin learned Tribunal ‘just compensat compensation is be payable by Re 11. The amount awarded 7.5% per annum realization. Con Tribunal stands accordingly allow 12. All of. No order as t 02.04 2026 anil 2001
t disability and amputation, the cla of life and is unable to enjoy th ly, a sum of ₹2,00,000/- is awarded t amenities of life. In view of the foregoing discus opinion that the compensation of ibunal is wholly inadequate and does pensation’. Accordingly, the present tion is re-determined and enhanced by Respondent No. 3 – the Insuranc The enhanced amount of compensa arded by the learned Tribunal, shal annum from the date of filing o . Consequently, the impugned aw stands modified to the aforesaid ly allowed. All pending miscellaneous applica er as to costs. (AMARIN Whether speaking/reasoned Whether reportable : the claimant has suffered loss of joy the normal pleasures of life. rded to the claimant under the head discussion, this Court is of the on of ₹2,00,000/- awarded by the d does not meet the requirement of resent appeal is allowed, and the anced to ₹23,00,750/-, which shall surance Company. pensation, i.e., over and above the l, shall carry interest at the rate of ling of the claim petition till its ed award passed by the learned esaid extent, and the appeal is pplications, if any, stand disposed ARINDER SINGH GREWAL) JUDGE ned : Yes/No : Yes/No s of . head the the nt of the shall e the te of l its rned l is osed ANIL KUMAR 2026.04.07 17:52 I attest to the accuracy and integrity of this document