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2023 DAILYLAW 3692 (PNJ)

KULDEEP v. VIKRAM SINGH AND ORS.

FAO/3331/2023 · 2026-04-24

Pankaj Jain

body2023

Judgment text

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110 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-3331-2023 Date of decision : 24.04.2026 KULDEEP ....Petitioner Versus VIKRAM SINGH AND ORS. ...Respondents CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN Present: Mr. Devender Arya, Advocate for the appellant. Ms. Rishita Neev, Advocate for respondents No.1 and 2. Mr. Imran Ahmed Ali, Advocate and Ms. Jasreet Singh Malik, Advocate for respondent No.3. PANKAJ JAIN, J. (ORAL) Injured-claimant is in appeal seeking enhancement of compensation awarded by MACT, Narnual. 2. Claimant filed petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation on account of injuries suffered by him in a motor-vehicular accident dated 26.01.2019. 3. Tribunal allowed the claim petition and awarded compensation as under: Sr. No. Heads of Claim Amount 1 Medical expenses Rs.5,59,480/- 2. Pain and suffering Rs.20,000/- 3. Transportation Charges Rs.20,000/- 4. Attendant and special diet charges Rs.10,000/- 5. Disability Rs.10,000/- Total Rs.6,19,480/- DEEPAK KUMAR 2026.04.28 10:41 I attest to the accuracy and integrity of this document FAO-3331-2023 -2- 4. I have heard counsel for the parties and have gone through records of the case. 5. The appellant remained hospitalized from 27.01.2019 to 03.02.2019 and thereafter from 24.02.2019 to 28.02.2019. Sarita Rani, Record Keeper, Artemis Hospital, Gurgaon was examined as PW-6. She proved on record the treatment summary of the appellant, as Ex.P1 to P16. Disability certificate has been proved on record as Ex. P17. As per which, the appellant suffered 10% disability on account of post traumatic pain in left thigh and left knee, resulting in difficulty with the stability component. Thus, the appeal is disposed off in terms of re-calculation of the compensation, which is tabulated here as under: Sr. No. Heads of Claim Amount 1 Loss of income on account of disability Rs.8,827/- +40% x 12 x 18 x 10% = Rs.2,66,928/- 2. Medical expenses Rs.5,59,480/- 3 Pain and suffering Rs.50,000/- 3. Transportation Charges Rs.20,000/- 4. Attendant charges Rs.10,000/- 5. Special Diet Rs.10,000/- 6. The award passed by the Tribunal is modified accordingly. DEEPAK KUMAR 2026.04.28 10:41 I attest to the accuracy and integrity of this document FAO-3331-2023 -3- 7. Rate of interest payable at the enhanced amount, shall abide by Para No.33 of the award. 8. Needless to say, anything paid to the appellant shall be adjusted and set off. April 24, 2026 (Pankaj Jain) Dpr Judge Whether speaking/reasoned : Yes/No Whether reportable : Yes/No DEEPAK KUMAR 2026.04.28 10:41 I attest to the accuracy and integrity of this document