FAO-5203-2004 (O&M) -1- 272 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-5203 of 2004 (O&M) Date of Decision: 27.07.2026 Parsini Devi and others ......... Appellants Versus Balbir Singh and others .....Respondents CORAM: HON'BLE MR. JUSTICE YASHVIR SINGH RATHOR Present: Mr. Gurcharan Dass, Advocate for the appellants. None for appellant No.1. Mr. Vinod Gupta, Advocate for respondent No.2/ Insurance Company. Respondent No.3 is proforma respondent. ***** YASHVIR SINGH RATHOR , J. (Oral) 1. The present appeal has been instituted by LRs of claimant against the Award dated 10.06.2003 passed by Motor Accident Claims Tribunal, Nawanshahar (for short “Tribunal”), vide which MACT Case RENU 2026.07.29 16:03 I attest to the accuracy and integrity of this document Chandigarh FAO-5203-2004 (O&M) -2- No.106 of 2003, filed by the claimant on account of injuries sustained by Charan Dass in a motor vehicle accident due to rash and negligent driving on the part of respondent No.1 while driving offending vehicle No.PB-10-H-9981 (for short ‘offending vehicle’), owned by respondent No.1, which was insured with respondent No.2., was dismissed. 2. Case of the claimant- Charan Dass is that on 24.05.1998, he was going back from his fields on a bicycle to his Village. At about 8:00 PM, when he reached near his village, a truck bearing No.PB-10-H-9981 (hereinafter referred to as offending vehicle) came from the opposite direction, which was being driven rashly and negligently by respondent No.1-Balbir Singh at a high speed and it struck against his bicycle resulting in injuries to him. It is further submitted that accident in question took place solely due to rash and negligent driving on the part of respondent No.1 while driving the offending vehicle. 3. Respondent No.1 in his written statement has opposed the petition and has denied factum of accident. He took up preliminary objection regarding the maintainability of the claim petition. Material contents of the claim petition have been refuted to be wrong and dismissal of the same has been sought. 4. Respondent No.2-insurance company in its written statement has raised preliminary objections that the driver of the offending vehicle was not having a valid and effective driving license. Dismissal of the claim petition has been sought. RENU 2026.07.29 16:03 I attest to the accuracy and integrity of this document Chandigarh FAO-5203-2004 (O&M) -3- 5. From the pleadings of parties, following issues were framed by the learned Tribunal:- 1. Whether Charan Dass petitioner received injuries in motor vehicle accident on 24.5.1998, due to rash and negligent driving of Balbir Singh while driving truck No.PB-10-H-9981?OPP 2. If issue No.1 is proved, whether the petitioner is entitled to claim compensation. If so, how much and from whom?OPP 3. Relief. 6. Thereafter, the parties led evidence in support of their case. 7. Learned Tribunal observed that the injured has died during pendency of the claim petition and his legal representatives who had been brought on record vide order dated 21.11.2001 were not held entitled to claim compensation as the loss suffered by Charan Dass was personal loss and there was nothing on the record to suggest that the legal representatives of deceased Charan Dass had incurred any expenditure on his treatment. 8. Feeling aggrieved, the appeal in hand has been preferred. The material on file has been perused and parties have been heard. 9. The only issue required to be determined in the present appeal relates to the assessment of compensation. Therefore, the entire facts regarding the manner of the accident are not required to be reproduced in detail, as the Tribunal has already held under issue No.1 RENU 2026.07.29 16:03 I attest to the accuracy and integrity of this document Chandigarh FAO-5203-2004 (O&M) -4- that the accident in question had taken place due to the rash and negligent driving on the part of respondent No.1, who was driver and owner of the offending vehicle and the vehicle was insured with respondent No.2. No appeal or cross-objections have been filed by respondents No.1 and 2, challenging the said finding and accordingly, finding on issue No.1 is not required to be interfered with and the same is affirmed. 10. Learned counsel for the appellants argued that the Tribunal has not appreciated the facts of the case and evidence on file in the correct perspective while dismissing the claim petition. The claimant had suffered 10 to 15% permanent disability. Learned counsel further argued that claim petition was dismissed only on the ground that claimant- Charan Dass died during pendency of the petition and that there is nothing on record to suggest that LRs of deceased have spent any amount on the treatment of the injured Charan Dass. Learned counsel contended that the findings of Tribunal are erroneous as LRs of claimant are entitled to compensation as the benefits of claim case become estate of the deceased and learned counsel further contended that adequate compensation be awarded. 11. On the other hand, learned counsel for respondents argued that the award in question is well reasoned and justified. The material on file has been appreciated in the correct perspective and no interference in the same is thus called for. RENU 2026.07.29 16:03 I attest to the accuracy and integrity of this document Chandigarh FAO-5203-2004 (O&M) -5- 12. The law is well settled that the compensation to be awarded for injuries suffered by victim in a motor vehicular accident should be just and equitable. Courts have consistently held that while money cannot erase the pain, suffering, or trauma but it is the only legal means to provide restitution and restore the victim to his previous position as far as possible for which ‘just compensation’ has to be assessed. It is also well settled that while it is impossible to fully compensate for the loss of limb, life, or quality of life, the compensation must be ‘Just’, meaning thereby, that it should be fair, reasonable, and equitable based on the evidence and not merely a ‘Windfall’ or a ‘Pittance’. The core objective is to put the injured/victim in the same position he would have been if the accident had not taken place, to the extent money can do so. This approach ensures that the law provides a realistic recompense for the trauma endured, rather than just providing normal relief. 13. In the present case, the claim petition was filed by claimant namely Charan Dass on account of injuries suffered by him in the accident which took place on 24.5.1998. He died during pendency of the claim petition and his legal representatives were brought on record vide order dated 21.11.2001. However, no amount of compensation has been awarded by the Tribunal to the legal representatives of the deceased with the observation that they are not entitled to claim compensation as they failed to prove that they had spent any amount on the treatment of the RENU 2026.07.29 16:03 I attest to the accuracy and integrity of this document Chandigarh FAO-5203-2004 (O&M) -6- deceased. However, approach of the learned Tribunal while denying the compensation was erroneous and is not sustainable. It is well settled that rights of Charan Dass to get compensation for the injuries suffered by him crystalised on the date of accident and after his death, LRs are entitled to compensation as benefits of claim case became estate of the deceased. 14. To prove the injuries, claimant has examined AW3 Devinder Singh Medical Officer who deposed that on 26.5.1997, claimant was brought to Civil Hospital, Nawanshahar where he was medico legally examined. Claimant had suffered amputation of middle finger through terminal phalynx, amputation of ring finger through phalynx and amputation of little finger from the base. There was one wound with skin loss on the medial aspect of hand. 15. The claimant is thus proved to have suffered grievous injuries with amputation of three fingers. It is a matter of common knowledge that pain component in such injuries is enormous which also take a considerable time to heal and he is accordingly held entitled to a sum of Rs.30,000/- on account of pain and sufferings. 16. The Tribunal has also held that the claimant has suffered 10 to 15% permanent disability as deposed by AW3. Though claimant has died during pendency of the claim petition and as such, there cannot be any loss of income on account of permanent disability yet he would have RENU 2026.07.29 16:03 I attest to the accuracy and integrity of this document Chandigarh FAO-5203-2004 (O&M) -7- been entitled to compensation on account of permanent disability had he been alive and he is accordingly held entitled to a sum of Rs.25,000/- on account of permanent disability. 17. The injured/deceased was working as a Milk Vendor and used to sell the milk at the Diary and he was allegedly earning Rs.5,000/- per month and this fact has not been controverted, as such, it has to be believed that deceased used to work as a Milk Vendor. The accident had taken place on 24.05.1998 and some amount of guess work thus has to be applied while assessing the monthly income. The deceased was a Milk Vendor and in such cases, the Court is required to ensure just compensation based on preponderance of probabilities. Where the deceased is working in unorganized sector, strict proof of income is not mandatory and notional income can be reasonably assessed based on the social status and facts and circumstances of the case. Accordingly, income of deceased is taken as Rs.3,000/- per month. 18. It must have taken three months for the injuries to heal during which period, claimant would not have been able to do any work and he is accordingly held entitled to a sum of Rs.9,000/- on account of ‘loss of income during the period of treatment’. 19. It must have taken at least three months for the injuries to heal and during this period, he must have spent some amount on transportation, in engaging an attendant as well as on special diet and he RENU 2026.07.29 16:03 I attest to the accuracy and integrity of this document Chandigarh FAO-5203-2004 (O&M) -8- is accordingly held entitled to a sum of Rs.7,500/- on account of engaging an attendant, on special diet and for transportation. 20. Resultantly, the compensation to be paid to claimant- Rishi Pal is assessed as under:- Sr. No. Head of Compensation Amount Assessed by this Court (₹) 1. Pain and Sufferings Rs.30,000/- 2. Amount for Permanent Disability Rs.25,000/- 4. Loss of income during period of treatment Rs.9,000/- 5. For engaging an attendant, on special diet and on transportation (composite) Rs.7,500/- Total Rs.71,500/- Interest 9% 21. Respondent No.1 has tendered his driving licence Ex.R1 issued by Licensing Authority, Calcutta which shows that he possessed a valid and effective driving licence authorising him to drive a heavy vehicle and the licence was valid from 13.10.1996 to 12.10.1999. No evidence to the contrary has been led by the Insurance Company or that the owner/ insured has violated the terms and conditions of the insurance policy. As such, liability by respondents No.1 and 2 shall be joint and several. 22. As a result of afore-said discussion, the present appeal is partly allowed with costs and the claimants are held entitled to compensation of Rs.71,500/- along with interest @ 9% per annum RENU 2026.07.29 16:03 I attest to the accuracy and integrity of this document Chandigarh FAO-5203-2004 (O&M) -9- payable by respondents No.1 and 2 jointly and severally, from the date of filing of claim petition i.e. 10.06.2003, till realization, 23. Registry is directed to email the authenticated copy of the award to the respondent Insurance Company in terms of directions issued by the Hon’ble Supreme Court in Writ Petition (Civil) No.534 of 2020 titled Bajaj Allianz General Insurance Company Versus Union of India and others, decided on 16.03.2021 and Insurance Company shall comply with the directions as issued under Clause (F) of the said judgment. 24. Pending miscellaneous application(s), if any, shall also stand disposed of. (YASHVIR SINGH RATHOR) JUDGE 27.07.2026 renu Whether speaking/reasoned Yes/No Whether reportable Yes/No RENU 2026.07.29 16:03 I attest to the accuracy and integrity of this document Chandigarh