As per case facts, Rajbir and Karamjit sustained multiple injuries in a motor vehicle accident caused by the rash and negligent driving of the respondent. Their compensation claims were dismissed ...
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
239
Date of decision: 18.03.2026
1. FAO-3240-2005
RAJBIR ....Appellant
Versus
DALIP & ORS. ...Respondents
2. FAO-3241-2005
KARAMJIT ....Appellant
Versus
DALIP & ORS. ...Respondents
CORAM: HON'BLE MR. JUSTICE YASHVIR SINGH RATHOR
Present : Mr. Maneet Kaushik, Advocate for the appellant(s).
Mr. P.S. Saini, Advocate and
Ms. Gurjan Nahata, Advocate for respondent No.3.
YASHVIR SINGH RATHOR. J.(Oral)
1. Both the aforesaid appeals have been instituted against the award
dated 20.10.2004 passed by MACT Karnal (for short “Tribunal”), vide which
claim petitions filed by the claimants under Section 166 of Motor Vehicles Act,
1988 for grant of compensation on account of injuries suffered by them in motor
vehicular accident have been dismissed.
2. Case of the claimants is that on 25.04.2001 at about 1:00/1:15 pm,
they were going towards Sector 7, Karnal, on GT Road on their motorcycle and
when they reached near the crossing of Sector 6, motorcycle bearing registration
respondent No.1 at a fast speed in a rash and negligent manner came from the side
of Panipat and hit against the motorcycle of the claimants, which was being driven
by claimant-Rajbir at a moderate speed and on the left side of the road. The
accident in question took place due to rash and negligent driving on the part of
respondent No.1, resulting in injuries to both the claimants. FIR No.123 dated
25.04.2001, Police Station Civil Lines Karnal was registered against respondent
No.1, regarding the accident in question.
3. In claim petition No.160/2003 instituted by Karamjit, it has been
alleged that he had suffered multiple injuries, including injuries on his jaw and his
teeth were broken. He also suffered injuries on his knee and foot. He was treated
at Civil Hospital Karnal and thereafter, he is being treated till date and has spent
about Rs.30,000/- on his treatment. He was 16 years of age and due to fractures
suffered in his jaw and loss of front teeth, he has suffered a lot of pain and
sufferings. His face has got dis-figured which is giving an ugly look and he cannot
chew his food properly and his marriage prospects have also been diminished. By
way of present petition, a sum of Rs.5 lakhs has been claimed as compensation.
4. In claim petition No.159/2003 instituted by Rajbir, it has been alleged
that he had suffered multiple grievous injuries including fractures in his left
shoulder, left knee and ribs. He was treated at Civil Hospital Karnal and is still
under treatment and has spent about Rs.20,000/- on his treatment. Prior to the
accident, he was enjoying good health but due to the injuries suffered by him, he
has suffered a lot of pain and sufferings and he will not be able to drive any
vehicle anymore and has been rendered jobless. By way of present petition, a sum
5. Respondents No.1 and 2 have filed separate written statements in
both the claim petitions and have refuted the contents of the same. Allegations
with regard to rash and negligent driving on the part of respondent No.1 have been
denied. It is further submitted that in both the claim petitions, it has not been
disclosed as to which of the claimant was driving motorcycle bearing No.HR05G-
7091. The allegations with regard to nature of injuries and amounts spent on
treatment have also been refuted to be wrong. It is also submitted that the injuries
had not been suffered in an accident and the same appear to have been suffered in
some fight or quarrel. It is further submitted that motorcycle owned by respondent
No.2 was duly insured with New India Insurance Company, Karnal and Insurance
Company is liable to indemnify the insured. Dismissal of the claim petitions was
sought.
6. Respondent No.3 in his written statement has taken altogether similar
pleas as have been pleaded by respondents No.1 and 2. The petitions have been
opposed being not maintainable and that respondent No.1 was not holding a valid
and effective driving licence and as such, Insurance Company is not liable to
indemnify the insured on account of breach of terms and conditions of the
insurance policy. It is further submitted that the driver of motorcycle bearing
No.HR05G-7091 had also contributed to the accident, as he was crossing the GT
road while offending vehicle was coming from the side of Panipat and in case, he
was crossing the road, he should have been vigilant. Dismissal of the claim
petitions has been sought.
7. From the pleadings of parties, following issues were framed:-
their respective persons in a road side vehicular accident which had
occurred on 25.04.2001 in the area of police station, Civil Lines,
Karnal, on account of rash and negligent driving of motor cycle
No.HR-05H-5256 by respondent No.1?OPP
2. Whether the claimant Rajbir was entitled to be
compensated for the injuries sustained by him in the above accident,
if so, to what extent and by whom?OPP
3. Whether the claimant Karamjit Singh was entitled to be
compensated for the injuries sustained by him in the above accident,
if so, to what extent and by whom ?OPP
4. Whether the respondent No.1 was not holding a valid
driving licence at the time of accident, if so, its effect? OPR3
5. Relief.”
8. Thereafter, the parties led evidence in support of their case.
9. After hearing the parties and going through the material on the file,
learned Tribunal came to the conclusion that the claimants have pleaded the date
of accident to be 24.04.2001, whereas, FIR was registered on 25.04.2001 and they
were medico legally examined on 25.04.2001 and they have thus failed to prove
that they had suffered injuries in the accident in question and they have also failed
to prove that any accident took place on 24.04.2001 and issue No.1 was decided
against the claimants. Under issue No.2, claimant- Rajbir was held entitled to
compensation to the tune of Rs.6,500/-, while claimant-Karamjit was held entitled
to compensation to the tune of Rs.7,000/-. Under issue No.4, it was held that
respondent No.1 was holding a valid and effective driving licence and Insurance
Company is liable to indemnify the insured. However, in view of finding on issue
No.1, the petition in hand was ordered to be dismissed.
material on file has been perused and parties have been heard.
11. Learned counsel for the appellants argued that the impugned Award
passed by the Tribunal is based on conjectures and surmises. The pleadings of the
parties and evidence on file have not been appreciated in the correct perspective.
Learned counsel contended that the learned Tribunal has come to the conclusion
that petitioners claim that accident took place on 24.04.2001 but they have failed
to prove this fact, as they were medico legally examined on 25.04.2001 and FIR
was also registered on 25.04.2001. However, the Tribunal has not gone through
the contents of the claim petitions. In para No.8 of the claim petitions, it has been
specifically mentioned that accident in question had taken place on 25.04.2001 but
inadvertently in para No.24, date of accident has been mentioned as 24.04.2001,
which is a typographical error. In the final report under Section 173 Cr.P.C Ex.
P1 also, it is mentioned that the FIR No.123 dated 25.02.2001 was registered
regarding the accident in question on the basis of statement of claimant-Rajbir, in
which he has specifically mentioned that today i.e. on 25.04.2001, he alongwith
Karamjit was going to Sector 7 on motorcycle No.HR05G-7091, when the
accident had taken place. Learned counsel further contended that the pleadings
have to be read as a whole and due to an inadvertent error, the claimants should
not have been non-suited. The proceedings before the Tribunal constituted under
Motor Vehicles Act are of summary nature. If there is some evidence before the
Tribunal in order to prove a fact, then no nicety, doubt, or suspicion should weigh
with it in declining the claim. The claimant is only required to establish his case
on the touchstone of preponderance of probability and the standard of proof
contended that the Motor Vehicles Act is a beneficial piece of legislation enacted
to give solace to the victims of motor accidents, who suffer bodily injury or die
untimely and is designed in a manner which relieves the victims from ensuring
strict compliance with the provisions of law which are otherwise applicable to
suits and other proceedings while prosecuting claim petitions filed under the Act
for claiming compensation for the loss sustained by them in the accident. Learned
counsel further contended that from the various documents placed on file it is
established that accident had taken place on 25.04.2001 and not on 24.04.2001 as
held by the Tribunal. Learned counsel further contended that the evidence with
regard to the rash and negligent driving on the part of respondent No.1 had gone
unrebutted and there was no reason to discard the evidence led by the claimants
and he prayed that finding on issue No.1 is liable to be reversed. Learned counsel
contended that the compensation assessed by the Tribunal under various heads is
also grossly inadequate and severity of the injuries suffered by the claimants has
not been taken into consideration while assessing the compensation, which too is
liable to be enhanced and he prayed that appeals in hand be accepted and adequate
and just compensation be awarded to the claimants.
12. On the other hand, learned counsel for the respondents argued that the
claimants have themselves pleaded that the accident had taken place on
24.04.2001 and while deposing also, they have stated that the accident had taken
place on 24.04.2001 and Tribunal has thus rightly come to the conclusion that the
claimants have failed to prove that they had suffered injuries in the accident which
allegedly took place on 24.04.2001 and rightly non-suited them and he prayed that
13. 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.
14. In both the claim petitions, it has been mentioned in para No.8 that
accident had taken place on 25.04.2001 at about 1:00/1:15 pm on the crossing of
Sector 6, Urban Estate Karnal. However in para No.24, date of accident has been
mentioned as 24.04.2001, which appears to be an inadvertent error. The said final
report prepared in case arising out of FIR No.123 dated 25.04.2001 under Sections
279, 337 and 338 IPC, Police Station Civil Lines, Karnal Ex. P-1 shows that the
said FIR was registered on the basis of statement given to the police by
claimant/injured-Rajbir son of Telu Ram, wherein, he stated that today i.e. on
25.04.2001, he alongwith Karamjit was going to the house of his brother in Sector
7 on motorcycle bearing No.HR05G-7091 and at about 1:15 pm, when they
came from the side of Panipat at a high speed and in a rash and negligent manner
and the motorcyclist dashed against his motorcycle, as a result of which, he as
well as Karamjit fell on the road and suffered injuries. He alleged that the
offending vehicle was being driven by Dalip son of Basaya Ram, resident of
Village Nali Kalan, District Karnal.
15. In order to prove rash and negligent driving on the part of respondent
No.1, claimant-Rajbir stepped into the witness-box as PW4 and he tendered his
affidavit Ex. PB while injured Karamjit stepped into the witness-box as PW3 and
tendered his affidavit Ex. PA. Both of them deposed that on 24.04.2001,
(inadvertently mentioned as 24.04.2001 instead of 25.04.2001) at about 1:00 pm,
they were going towards Sector-7, Urban Estate Karnal, on their motorcycle and
when they reached near the crossing of Sector-6, one motorcycle No.HR-05-H-
5256 came from the side of Panipat, which was being driven at a high speed and
in a rash and negligent manner. The motorcyclist driving the offending vehicle
came towards the wrong side on the unmetalled portion of the road and hit their
motorcycle, as a result of which, both of them suffered injuries. PW-3 deposed
that his jaw was fractured and four teeth were broken. He also suffered injuries in
his knee and leg. He remained admitted in Civil Hospital at Karnal for 5-6 days.
PW-4 stated that he suffered fracture in his left shoulder, left knee and ribs and he
was treated in Civil Hospital, Karnal, where he remained admitted for one month.
During cross-examination, PW-4 Rajbir stated that he was driving motorcycle
bearing No.HR-05G-7091, while Karamjit was riding the pillion. They started
from Government hospital, Karnal at 12:30 pm. One police constable was present
road, when offending motorcycle hit their motorcycle on the unmetalled portion of
the road. He stated that his motorcycle was on due left side. He denied the
suggestion that accident had taken place due to rash and negligent driving on his
part. Nothing to shatter the veracity of PW-3 and PW-4 could be elicited during
their cross-examination and their stand has remained consistent throughout.
Similar facts have been mentioned in the FIR on the basis of which final report
Ex.P1 has been presented and respondent No.1 has been challaned by the police
for causing the accident in question by way of his rash and negligent driving. The
FIR was also promptly lodged on the same day and there is thus no possibility of
any manipulation or false involvement of the offending motorcycle. Moreover,
respondent No.1 has not stepped into the witness-box to controvert the testimony
of PW3 and PW4 and to state his case on oath and to offer himself for cross-
examination. It is well settled that if a party does not step into the witness-box and
does not offer itself for cross-examination to prove the case set up by him, an
adverse inference has to be drawn against him that the case set up by him is not
true. A perusal of the final report under Section 173 Cr.P.C. Ex.P1 further shows
that respondent No.1 has been challaned by the police for the offences under
Sections 279, 337 and 338 IPC for causing injuries to claimants, Karamjit and
Rajbir, by way of his rash and negligent driving and he faced the trial. It has been
held in 1993 (2) PLR 109, Girdhari Ram Vs. Radhe Sham and Others, that if the
driver of the offending vehicle is challaned by the police and is facing the trial for
causing accident due to rash and negligent driving, it is safe to presume that
accident had taken place due to rash and negligent driving on his part. Moreover,
higher authorities against false implication of respondent No.1 and for the false
involvement of the offending vehicle and had respondent No.1 be falsely
implicated, they would not have remained a mute spectator and in these
circumstances, the only irresistible conclusion that can be drawn is that accident in
question had taken place due to rash and negligent driving on the part of
respondent No.1, while driving the offending vehicle. In holding so, I have relied
upon 2008 (2) RCR (Civil) 72 Sudama Devi and Ors. Vs. Kewal Ram and Ors.
16. PW-1 Dr. R.K. Bijoria, Medical Officer, Civil Hospital, Karnal has
also categorically deposed that on 25.04.2001, he was present in Civil Hospital,
Karnal on emergency duty, when patients Rajbir and Karamjit were brought to the
hospital, on account of injuries suffered by them in a road traffic accident on
25.04.2001 at 1:30 PM. As such, the date and time of the accident were also
recorded in the MLR to be 25.04.2001, as was also mentioned in the FIR got
registered by claimant-Rajbir. However, learned Tribunal proceeded with the
assumption that accident had taken place on 24.04.2001, as was wrongly pleaded
in the claim petition. Infact, in para No.8 of the claim petitions, date of accident
was mentioned as 25.04.2001, which was inadvertently mentioned as 24.04.2001
in para no.24, but Tribunal should not have non-suited the claimants on account
of a typographical error and the entire pleadings should have been looked into,
while coming to the conclusion about the date of accident. It is well settled that the
proceedings before the Tribunal are summary in nature and if some evidence was
available before the Tribunal in order to prove a fact, then no nicety, doubt or
suspicion should have weighed with it in deciding the claim petitions. It is well
give solace to the victims of motor vehicle accidents, who suffered bodily injuries.
The Act is designed in a manner which relieves the victims from ensuring strict
compliance provided in law, which are otherwise applicable to the suits and other
proceedings while prosecuting the claim petitions filed under the Act for claiming
compensation for the loss suffered by them. Reference in this regard can be made
to 2019 ACJ 454 Vimla Devi and Others Vs. National Insurance Co. Ltd. And
Others, 1990 ACJ 127, National Insurance Co. Vs. Saloni Dargan and Others.
17. As a result of the aforesaid discussion, I am of the considered opinion
that from the evidence led on file, it is established that the accident in question had
taken place on 25.04.2001 on account of rash and negligent driving on the part of
respondent No.1 while driving the offending vehicle, resulting in injuries to both
the claimants. However, learned Tribunal has not appreciated the facts of the case
and material on file in the correct perspective while deciding issue No.1. Finding
on issue No.1 being erroneous is thus not sustainable and is accordingly reversed
and issue No.1 is decided in favour of the claimants.
18. Now coming to the question of assessment of compensation, claimant
Rajbir while appearing as PW-4 deposed that he had suffered fractures in his right
shoulder, left knee and ribs. He was treated at Civil Hospital, Karnal, where he
remained admitted for one month and he remained under treatment thereafter also.
He had spent Rs.30,000/- to Rs.35,000/- on his treatment and he cannot do any
work now. Prior to accident, he was a driver and used to earn Rs.3500/- per month
besides Rs.50/- as overtime per day and now, he cannot drive a vehicle and he has
no source of income.
R.K.Bijoria, Medical Officer, Civil Hospital, Karnal, who deposed that on
25.04.2001, he had medically examined Rajbir, who was brought to the hospital
with a history of road traffic accident, which took place on 25.04.2001. He had
suffered following injuries:-
“i) Swelling in the middle of left clavicle with mal alignment. Pain
and tenderness was there. Skin was normal.
ii) Abraded contusion 2cm x 2cm on the posterior aspect of left
elbow.
iii) Old stitched wound in scalp was there.”
20. He further deposed that injuries No.1 and 2 were kept under
observation subject to X-ray examination. He further deposed that as per treatment
record, patient remained admitted in hospital from 25.04.2001 to 02.05.2001 and
he had suffered fracture left clavicle and was treated by Dr. R.K. Girdhar,
Orthopaedic Surgeon.
21. As such, from the medical evidence brought on file, it is established
that the claimant had suffered fracture left clavicle/left shoulder. It is well known
that pain component in such injuries is enormous and such injuries take a long
time to heal but the Tribunal has not taken into consideration the severity of
injuries and has awarded a sum of Rs.500/- only on account of pain and sufferings,
which is grossly inadequate. In view of the severity of injuries suffered by the
claimant, he is held entitled to a sum of Rs.25,000/- on account of pain and
sufferings.
22. In order to prove the expenses incurred on treatment, claimant had led
in evidence bills worth Rs.9,911/- Ex. P-15 to P-28, vide which medicines were
have been produced and that the same appear to be highly exaggerated and
ignored the same and awarded a sum of Rs.5,000/- only for the expenses incurred
on the treatment. However, the approach of the learned Tribunal was erroneous. It
is a matter of common knowledge that the attendants do not preserve the
prescription slips and even the receipts, vide which the medicines are purchased,
as their primary concern is to provide treatment to the injured. No cogent reasons
have been recorded while ignoring the bills worth Rs.9911/- produced by the
claimant and the claimant is accordingly held entitled to a sum of Rs.10,000/- for
the expenses incurred on the treatment.
23. Claimant has alleged that he was employed as a driver and earning
Rs.3,500/- per month. However, no cogent evidence has been led in this regard.
Even his driving licence has not been produced to show that he was holding a
licence to drive some light motor vehicle or heavy motor vehicle and his version
that he was getting Rs.3,500/- per month as salary by working as a driver thus
cannot be relied upon. However, the accident had taken place in the year 2001 and
even the labourers used to earn around Rs.2500/- per month which were the
minimum wages during those days. It must have taken at least 03 months for the
injuries to heal during which period claimant would not have been able to do any
work and accordingly, he is held entitled to a sum of Rs.7,500/- towards loss of
income during the period of treatment.
24. During this period, he must have spent some amount on special diet
for his nourishment as well as on transportation. However, he has been awarded
only a sum of Rs.500/- for special diet and no amount has been awarded for
occasions. Accordingly, he is held entitled to a sum of Rs.7,500/- for special diet
and on account of expenses incurred on transportation.
25. No evidence has been led that claimant has suffered any permanent
disability or will suffer loss of income in future and as such, he is not entitled to
any compensation on account of permanent disability.
26. As a result of the aforesaid discussion, the compensation to be
awarded to the appellant-Rajbir is assessed as under:-
S.No. Head Amount
1. Pain & suffering Rs.25,000/-
2. Medical expenses Rs.10,000/-
3. ₹Loss of income ( 2,500 × 3 months) Rs.7,500/-
4. Special diet & transportation Rs.7,500/-
Total Rs.50,000/-
27. In order to prove the injuries suffered by him, claimant-Karamjit
while appearing as PW-3 has tendered his affidavit Ex.PA and deposed that he had
suffered multiple injuries in his jaw, joint left leg and foot. He remained admitted
in Government Hospital, Karnal and has spent about Rs.35,000/- to Rs.40,000/- on
his treatment. Prior to the accident, he used to work as a labourer and earn
Rs.3,000/- per month but now his income has reduced to Rs.1,000/- per month.
28. To prove the injuries, the claimant has examined PW-1 Dr.
R.K.Bijoria, Medical Officer, Civil Hospital, Karnal, who deposed that on
25.04.2001, patient Karamjit was brought to Civil hospital, Karnal with a history
of road traffic accident, which took place on 25.04.2001. His clothes were soaked
with blood and he was found to be suffering from following injuries:-
obliquely placed with edema of lower lip and bleeding was also there.
ii) De-arranged teeth of lower jaw with bleeding and facture.
Teeth in the upper jaw with bleeding and fracture. Teeth in the upper
jaw was bleeding.
iii) Pain in the left knee joint with mild swelling. No external mark
of injury was seen.
iv) Swelling of right knee joint 10cm x 10cm with painful
movement.
V) Two minor abrasions of size .5cm x .5cm on the right hand.
29. He further deposed that injuries No.1 and 2 were kept under
observation for dental surgeon’s opinion and X-ray. Injuries No.3 and 4 were kept
under observation for X-ray opinion and Orthopaedic Surgeon’s opinion, while
injury no.5 was simple.
30. PW-2 Dr. Meenu Gupta, Dental Surgeon deposed that she had
examined patient Karamjit on 26.04.2001, while posted as dental surgeon in Civil
Hospital, Karnal. Patient was admitted in Civil Hospital, Karnal, vide Medico-
Legal Report No.RB-51-2001 dated 25.04.2001. Number of teeth present in the
oral cavity were 28 i.e. 14 teeth in upper jaw and 14 teeth in lower jaw. She
deposed that upper left incisors and lower central incisors were fractured ellis
class-iii. The lower right lateral incisor was dislocated mesialy. The lower incisors
were mobile grade-iii. Advised I.O.P.A. x-ray of upper and lower incisors. On
radiological examination, the upper right incisors and lower central incisors were
fractured ellis class-iii and lower right lateral incisors was dislocated mesialy with
widening of periodontal ligament space. The lower incisors were extracted on
27.04.2001 and 30.04.2001 and teeth were ankylosed. She deposed that in
underlying chronic infection. The mobility Grade-iii means mobility of the teeth
within the socket of 1 mm and movement in all directions. She deposed that the
above-said injuries required surgical intervention and patient opted for extraction
of mobile teeth and he remained admitted in the hospital from 25.04.2001 to
02.05.2001. As such, from the medical evidence led on file, it is established that
claimant Karamjit had suffered injuries on his face and fractures in his upper left
incisors and lower central incisors and his lower incisors were removed. The
injuries were grievous in nature but the Tribunal has awarded him a sum of
Rs.1,000/- only for pain and sufferings, which is grossly inadequate and the
severity of injuries has not been taken into consideration. Accordingly, the
claimant is held entitled to a sum of Rs.30,000/- on account of pain and sufferings.
31. To prove the expenses incurred on treatment, claimant led in evidence
bills Ex. P-4 to P-14, amounting to Rs. 10,340/- but the bills have not been taken
into consideration with the observation that no prescription slips of the bills have
been produced and that the same appear to be highly exaggerated and ignored the
same and awarded a sum of Rs.5,000/- only for the expenses incurred on the
treatment. However, the approach of the learned Tribunal was erroneous. It is a
matter of common knowledge that the attendants do not preserve the prescription
slips and even the receipts, vide which the medicines are purchased, as their
primary concern is to provide treatment to the injured. No cogent reasons have
been recorded while ignoring the bills worth Rs.10,340/- produced by the claimant
and the claimant is accordingly held entitled to a sum of Rs.10,340/- (rounded to
Rs.10,500/-) for the expenses incurred on the treatment.
Rs.3,000 per month. However, no evidence has been led to prove the income.
However, the accident had taken place in the year 2001 and even the labourers
used to earn around Rs.2500/- per month which were the minimum wages during
those days. It must have taken at least 03 months for the injuries to heal and
during this period, claimant would not have been able to do any work and
accordingly, he is held entitled to a sum of Rs.7,500/- towards loss of income
during the period of treatment.
33. During this period, he must have spent some amount on special diet
for his nourishment as well as on transportation. However, he has been awarded
only a sum of Rs.500/- for special diet and no amount has been awarded for
transportation despite the fact that he must have visited the hospital on several
occasions. Accordingly, he is held entitled to a sum of Rs.7,500/- for special diet
and on account of expenses incurred on transportation.
34. Claimant has lost his four teeth on account of injuries suffered by
him, including the upper left incisors and lower central incisors. He has become
dis-figured and will not be able to chew his food and eat properly. As such, he is
also entitled to compensation on account of loss of amenities to the extent of
Rs.20,000/-.
35. As a result of the aforesaid discussion, the compensation to be
awarded to the appellant-Karamjit is assessed as under:-
S.No. Head Amount
1. Pain & suffering Rs.30,000/-
2. Medical expenses Rs.10,500/-
3. ₹Loss of income ( 2,500 × 3 months) Rs.7,500/-
4. Special diet & transportation Rs.7,500/-
5. Loss of Amenities Rs.20,000/-
Total Rs.75,500/-
appellant- Rajbir is held entitled to compensation of Rs.50,000/- and appellant-
Karamjit is held entitled to compensation of Rs.75,500/-. The aforesaid amount
shall be payable alongwith interest @ 9% per annum from the date of filing of the
claim petition i.e 26.05.2001 till realization. The respondents shall be jointly and
severally liable to pay the compensation.
37. Registry is directed to email the authenticated copy of the award to
the respondent Insurance Company in terms of direction 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.
38. Photocopy of this order be placed on the file of connected
case.
39. Pending misc. application (s), if any, shall also stand
disposed of.
(YASHVIR SINGH RATHOR)
18.03.2026 JUDGE
amandeep
Whether speaking/reasoned. : Yes/No
Whether Reportable. : Yes/No
Legal Notes
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