FAO-5172-2025 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-5172-2025 (O&M) Date of decision: 22.04.2026 Dinesh Tanwar ...Appellant Versus Om Parkash and others ...Respondents CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA Present: Mr. Yash Goyal, Advocate for the appellant. **** DEEPAK GUPTA, J. (ORAL) CM-17298-CII-2025 This is an applica2on under Sec2on 5 of the Limita2on Act for condona2on of delay of 52 days in filing the appeal. Heard. For the reasons as men2oned in the applica2on, the same is allowed, delay of 52 days in filing the appeal is condoned. FAO-5172-2025 (O&M) This appeal is filed by the claimant seeking modifica2on of the award dated 05.04.2025 qua the quantum of compensa2on. 2. The appellant sustained injuries in a motor vehicular accident which took place on 12.12.2021 on account of rash and negligent driving of vehicle No.HR-50-H-4798. He sought compensa2on under Sec2on 166 of the Motor Vehicles Act from the respondents, who are the driver, owner and insurer of the offending vehicle. Learned Tribunal vide award dated 05.04.2025 has awarded compensa2on of Rs.25,68,285, holding all the respondents to be jointly and severally liable to pay the said amount along with interest. 3. The only point raised by learned counsel is that though the YOGESH MEHTA 2026.04.22 17:00 I attest to the accuracy and integrity of this document FAO-5172-2025 (O&M) [2] disability of the appellant was assessed to be 35%, but no compensa2on has been granted for this disability. 4. As per the disability cer2ficate, it is not men2oned that said disability was permanent, though, it is men2oned that disability to be assessed aAer five years. Moreover, as per the categorical finding of the Tribunal, the claimant – appellant was earlier working in a company. He is s2ll working in the same company and there has been no loss of income as his monthly income was Rs.17,000/- per month, which he was geDng later on also. Learned counsel for the appellant has conceded this fact that there was no loss of earning. 5. In the aforesaid facts and circumstances, when there was no loss of future earnings, learned Tribunal was jus2fied in refusing to grant any compensa2on under the head of func2onal disability. Compensa2on under the various other heads including pain and sufferings, aGendant charges, special diet and transporta2on expenses etc. has been adequately granted. 6. No ground for enhancement is made out. 7. Dismissed. 22.04.2026 (DEEPAK GUPTA) Yogesh JUDGE Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No YOGESH MEHTA 2026.04.22 17:00 I attest to the accuracy and integrity of this document