FAO-4061 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 137 Rajat Bansal Janak and another CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - NIDHI GUPTA, J. 1. enhancement of compensation of Motor Accident Claims Tribunal, vide impugned dated 15.03.2024, 1988. 2. basis of pleadings and oral & documentary evidence adduced before it concluded that the injured vehicular accident that took place on to the rash and negligent driving of registration No. HR driven and owned by respondent No. 1 and insured by respondent No. 2. The aforesaid compensation was granted along wit annum. The respondent to pay the amount of compensation. 4061-2025 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Rajat Bansal Versus another CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Mayank Gupta, Advocate for the appellant. NIDHI GUPTA, J. Present appeal has been filed by the injured enhancement of compensation of Rs.83,308/ Motor Accident Claims Tribunal, Jind (hereinafter impugned Award dated03.05.2025 passed in dated 15.03.2024, filed under Section 166 of the Motor Vehicles Act Brief facts of the case are that basis of pleadings and oral & documentary evidence adduced before it concluded that the injured-claimant had suffered injuries in a motor vehicular accident that took place on 09.02.2024 to the rash and negligent driving of registration No. HR-12-S-5637 (for short driven and owned by respondent No. 1 and insured by respondent No. 2. The aforesaid compensation was granted along wit annum. The respondents No.1 and 2 were held jointly and severally liable to pay the amount of compensation. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-4061-2025 (O&M) Date of Decision:21.07.2025 .…Appellant ....Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Mayank Gupta, Advocate for the appellant. Present appeal has been filed by the injured-claimant seeking 83,308/- awarded by the learned (hereinafter ‘the learned Tribunal’) passed in MACP Case No. 52 filed under Section 166 of the Motor Vehicles Act, facts of the case are that the learned Tribunal on the basis of pleadings and oral & documentary evidence adduced before it claimant had suffered injuries in a motor 09.02.2024 at about 8:40 A.M., due to the rash and negligent driving of TATA VISTA Car bearing (for short-‘the offending car’) being driven and owned by respondent No. 1 and insured by respondent No. 2. The aforesaid compensation was granted along with interest @ 9% per No.1 and 2 were held jointly and severally liable claimant seeking ) 52 , learned Tribunal on the basis of pleadings and oral & documentary evidence adduced before it claimant had suffered injuries in a motor due TATA VISTA Car bearing being driven and owned by respondent No. 1 and insured by respondent No. 2. % per No.1 and 2 were held jointly and severally liable RISHU KATARIA 2025.07.24 09:16 I attest to the accuracy and authenticity of this order/judgment. FAO-4061 3. compensation a very meager amount under the transportation, attendant charges and special die Tribunal ha appellant under the enjoyment of life Lumbar Spine Injury in the accident in question, yet nothing has been awarded to the appellant under the aforesaid heads. even remained hospitalized for many days after the accident. accordingly, prayed that the impugned compensation awarded to the appellant be enhanced. 4. 5. merit whatsoever in the submissions made on behalf of the appellant 6. the appellant before the learned Tribunal that the appellant along with one Amit (claimant in connected MACP No. 53 dated also disposed of by the learned Tribunal, vide common impugned Award dated 03.05.2025) were going bearing registration No. HR driven by the appellant at about 8:40 A.M., when the Narwana, Jind, speed in a rash and negligent manner came from behind and hit their 4061-2025 (O&M) -2- Learned counsel for the appellant seeks enhancement of compensation, inter alia, on the ground that a very meager amount under the Heads transportation, attendant charges and special die Tribunal has erred in not granting any compensation to the under the Heads of loss of expectancy of li enjoyment of life. It is submitted that the appellant had suffered grievous Spine Injury in the accident in question, yet nothing has been awarded to the appellant under the aforesaid heads. remained hospitalized for many days after the accident. accordingly, prayed that the impugned compensation awarded to the appellant be enhanced. No other argument is made on behalf of the appellant. I have heard ld. Counsel and perused the case file. merit whatsoever in the submissions made on behalf of the appellant Perusal of the record reveals that it was the pleaded case of the appellant before the learned Tribunal that the appellant along with one Amit (claimant in connected MACP No. 53 dated also disposed of by the learned Tribunal, vide common impugned Award dated 03.05.2025) were going from their house on the motorcycle of Amit bearing registration No. HR-31-P-0746. The said motorcycle was being driven by the appellant while Amit was riding pillion. at about 8:40 A.M., when they crossed wana, Jind, respondent No. 1 while driving in a rash and negligent manner came from behind and hit their counsel for the appellant seeks enhancement of on the ground that the ld. Tribunal had awarded eads of pain and suffering, transportation, attendant charges and special diet. It is submitted that the any compensation to the injured- expectancy of life and loss of . It is submitted that the appellant had suffered grievous Spine Injury in the accident in question, yet nothing has been awarded to the appellant under the aforesaid heads. The appellant had remained hospitalized for many days after the accident. It is accordingly, prayed that the impugned Award be modified and compensation awarded to the appellant be enhanced. No other argument is made on behalf of the appellant. and perused the case file. I find no merit whatsoever in the submissions made on behalf of the appellant. Perusal of the record reveals that it was the pleaded case of the appellant before the learned Tribunal that the appellant along with one Amit (claimant in connected MACP No. 53 dated 15.03.2024 - which is also disposed of by the learned Tribunal, vide common impugned Award from their house on the motorcycle of Amit 0746. The said motorcycle was being while Amit was riding pillion. It was alleged that Christ Raja Convent School, respondent No. 1 while driving the offending car at high in a rash and negligent manner came from behind and hit their counsel for the appellant seeks enhancement of Tribunal had awarded pain and suffering, . It is submitted that the appellant had suffered grievous Spine Injury in the accident in question, yet nothing has been had It is Award be modified and I find no Perusal of the record reveals that it was the pleaded case of the appellant before the learned Tribunal that the appellant along with one which is also disposed of by the learned Tribunal, vide common impugned Award from their house on the motorcycle of Amit 0746. The said motorcycle was being that Christ Raja Convent School, the offending car at high in a rash and negligent manner came from behind and hit their RISHU KATARIA 2025.07.24 09:16 I attest to the accuracy and authenticity of this order/judgment. FAO-4061 motorcycle, as a result of which Amit got entangled underneath had stopped the offending car at some distance and the passersby Amit from underneath the car and shifted both Metro Hospital, Jind for treatment. FIR No. 0068 dated 09.02.2024 under Sections 279, 337 and 338 PC was registered at Police Station City, Jind regarding the accident in question on the statement of Amit Kumar. further pleaded on behalf of the the appellant was shifted from Metro Hospital Jind to O.P. Jindal, Institute of Cancer and Cardiac Research Hospital, Hisar on 10.02.2024 where he remained admitted up to 12.02.2024 appellant had spend a sum of special diet etc., and more amount is likely to be spent even in future. ₹40,000/- per month by doing scrap busin by him, he has become permanently disabled and was even unable his daily routine work. Accordingly, a sum of compensation. 7. respect of the injuries allegedly suffered by him as per the evidence on record, Jind the appellant had suffered backache’. facial region and chest. hospital on 4061-2025 (O&M) -3- motorcycle, as a result of which, the appellant fell on the road whereas Amit got entangled underneath the car. It is p had stopped the offending car at some distance and the passersby Amit from underneath the car and shifted both Metro Hospital, Jind for treatment. FIR No. 0068 dated 09.02.2024 under Sections 279, 337 and 338 PC was registered at Police Station City, Jind regarding the accident in question on the statement of Amit Kumar. further pleaded on behalf of the appellant that the appellant was shifted from Metro Hospital Jind to O.P. Jindal, Institute of Cancer and Cardiac Research Hospital, Hisar on 10.02.2024 where he remained admitted up to 12.02.2024 llant had spend a sum of ₹6,00,000/- on his treatment, transportation, special diet etc., and more amount is likely to be spent future. Further, it was pleaded that the appellant was earning per month by doing scrap business, but due to injuries suffered by him, he has become permanently disabled and was even unable his daily routine work. Accordingly, a sum of compensation. Despite the exaggerated claims made by the appellant in of the injuries allegedly suffered by him evidence on record, at the time of admission in Metro Hospital the appellant had suffered ‘soft tissue injury with severe lower . At the time, the appellant was also complaining of pain in facial region and chest. The appellant was discharged from the said hospital on 10.02.2024; whereafter he was shifted to Jindal Hospital, , the appellant fell on the road whereas It is pleaded that respondent No. 1 had stopped the offending car at some distance and the passersby took out Amit from underneath the car and shifted both, the appellant and Amit, to Metro Hospital, Jind for treatment. FIR No. 0068 dated 09.02.2024 under Sections 279, 337 and 338 PC was registered at Police Station City, Jind regarding the accident in question on the statement of Amit Kumar. It was that due to his serious condition, the appellant was shifted from Metro Hospital Jind to O.P. Jindal, Institute of Cancer and Cardiac Research Hospital, Hisar on 10.02.2024 where he remained admitted up to 12.02.2024. It was pleaded that the on his treatment, transportation, special diet etc., and more amount is likely to be spent on his treatment Further, it was pleaded that the appellant was earning ess, but due to injuries suffered by him, he has become permanently disabled and was even unable to do his daily routine work. Accordingly, a sum of ₹ 80 lakhs was claimed as Despite the exaggerated claims made by the appellant in of the injuries allegedly suffered by him in the accident question, at the time of admission in Metro Hospital soft tissue injury with severe lower appellant was also complaining of pain in The appellant was discharged from the said 10.02.2024; whereafter he was shifted to Jindal Hospital, , the appellant fell on the road whereas respondent No. 1 took out to Metro Hospital, Jind for treatment. FIR No. 0068 dated 09.02.2024 under Sections 279, 337 and 338 PC was registered at Police Station City, Jind It was due to his serious condition, the appellant was shifted from Metro Hospital Jind to O.P. Jindal, . It was pleaded that the on his treatment, transportation, on his treatment Further, it was pleaded that the appellant was earning ess, but due to injuries suffered to do was claimed as Despite the exaggerated claims made by the appellant in , at the time of admission in Metro Hospital soft tissue injury with severe lower appellant was also complaining of pain in The appellant was discharged from the said 10.02.2024; whereafter he was shifted to Jindal Hospital, RISHU KATARIA 2025.07.24 09:16 I attest to the accuracy and authenticity of this order/judgment. FAO-4061 Hisar. As per discharge summary (Ex. P Hospital, Hi 11.02.2024 simple in nature’ discharged from the hospital on 12.02.2024 conducted straightened; Multilevel Posterior Disc Bulges at L1 and L5-S1 Tear at L4 complete bed rest and contended nothing on record to appellant has awarded₹20,000/ above undisputed facts, 8. claimed to have been incurred by the appellant ,the appellant duly reimbursed by the Tribunal. towards transportation, special diet, attendant charges etc. However, the Tribunal has produced by the appellant in order to show any expenses incurred by him under the said Heads produced by the appellant in support of his far to be highly exaggerated 4061-2025 (O&M) -4- As per discharge summary (Ex. P Hospital, Hisar, the appellant was admitted in the said hospital on 11.02.2024 and was found to have suffered simple in nature’/Lumbar Spine Injury. discharged from the hospital on 12.02.2024 conducted on the appellant, the normal curvature of LS Spine was found straightened; Multilevel Posterior Disc Bulges at L1 1 levels compressing Anterior Techal Sac Tear at L4-L5 and L8-S1 levels were found. complete bed rest and physiotherapy. that he had suffered permanent disability, however, there is nothing on record to remotely indicate anything to this effect. appellant has produced no Disability Certificate 20,000/- as compensation towards pain and suffering. above undisputed facts, I find no error in the same. Further, notwithstanding the to have been incurred by the appellant the appellant has produced medical bills duly reimbursed by the Tribunal. The appellant has demanded towards transportation, special diet, attendant charges etc. However, the has awarded ₹20,000/- for the same produced by the appellant in order to show any expenses incurred by him under the said Heads. Thus, except for bald statements, no proof has been produced by the appellant in support of his far to be highly exaggerated. As per discharge summary (Ex. P-12) received from Jindal sar, the appellant was admitted in the said hospital on was found to have suffered ‘spine injuries which were Spine Injury. Accordingly, appellant was discharged from the hospital on 12.02.2024 itself. As per the MRI , the normal curvature of LS Spine was found straightened; Multilevel Posterior Disc Bulges at L1-L2, L3-L4, L4-L5 Anterior Techal Sac; Posterior Annular S1 levels were found. The appellant was advised . Although, the appellant has that he had suffered permanent disability, however, there is indicate anything to this effect. Even the produced no Disability Certificate. Thus, ld. Tribunal has as compensation towards pain and suffering. Given the I find no error in the same. otwithstanding the exorbitant medical expenses to have been incurred by the appellant to the tune of ₹6,00,000/- produced medical bills for only₹33,308/-; which were The appellant has demanded₹1,00,000/- towards transportation, special diet, attendant charges etc. However, the the same even though no bills were produced by the appellant in order to show any expenses incurred by him xcept for bald statements, no proof has been produced by the appellant in support of his far-fetched claims which seem 12) received from Jindal sar, the appellant was admitted in the said hospital on spine injuries which were MRI , the normal curvature of LS Spine was found L5 Posterior Annular advised the appellant has that he had suffered permanent disability, however, there is the Given the exorbitant medical expenses which were towards transportation, special diet, attendant charges etc. However, the even though no bills were produced by the appellant in order to show any expenses incurred by him xcept for bald statements, no proof has been fetched claims which seem RISHU KATARIA 2025.07.24 09:16 I attest to the accuracy and authenticity of this order/judgment. FAO-4061 9. business of scrap and earning income was produced by the appellant. income of the appellant as Wages Notification dated Commissioner, Haryana that any loss of income question, yet, the Tribunal has Thereby granting total compensation of 9% per annum. 10. that nothing has been awarded However, the appellant ha suffered any been contended However, the appellant has not suffered any alone any danger to awarded to the appellant 11. 12. 21.07.2025 rishu 4061-2025 (O&M) -5- It was also claimed by the appellant that he was doing the business of scrap and earning ₹40,000/- per mont income was produced by the appellant. Yet income of the appellant as ₹10,924/- per month on the basis of Minimum Wages Notification dated 22.02.2024, issued by the Labour Commissioner, Haryana. Further, although that any loss of income had accrued to the appellant due to the accident in , yet, the Tribunal has granted ₹10,000/ hereby granting total compensation of ₹83,308/ 9% per annum. It has been contended by learned that nothing has been awarded towards However, the appellant has not shown anything to indicate that he has suffered any lack in the enjoyment of life due to the accident. It has also contended that nothing has been awarded towards However, the appellant has not suffered any alone any danger to his life expectancy. As such, nothing awarded to the appellant under the aforesaid In view of the above, the present appeal is Pending application(s), if any also stand(s) disposed of. 21.07.2025 Whether speaking/reasoned Whether Reportable claimed by the appellant that he was doing the per month. However, no proof of Yet, the Tribunal had assessed the per month on the basis of Minimum 22.02.2024, issued by the Labour Further, although nothing was shown to suggest accrued to the appellant due to the accident in 10,000/- towards loss of income. 83,308/- along with interest @ learned counsel for the appellant towards loss of enjoyment of life. anything to indicate that he has in the enjoyment of life due to the accident. It has also nothing has been awarded towards life expectancy. However, the appellant has not suffered any permanent disability, let As such, nothing is liable to be under the aforesaid heads. In view of the above, the present appeal is dismissed. Pending application(s), if any also stand(s) disposed of. ( NIDHI GUPTA ) JUDGE Yes/No Yes/No claimed by the appellant that he was doing the However, no proof of assessed the per month on the basis of Minimum 22.02.2024, issued by the Labour nothing was shown to suggest accrued to the appellant due to the accident in . interest @ counsel for the appellant loss of enjoyment of life. anything to indicate that he has in the enjoyment of life due to the accident. It has also . , let is liable to be RISHU KATARIA 2025.07.24 09:16 I attest to the accuracy and authenticity of this order/judgment.