FAO No.946 of 1 v. Raj Pal & Ors.

Judgment

1. This order shall dispose of two appe This d FAO- o appeals, i.e. FAO-946-1994 and FAO 947-1994 preferr preferred by the appellants namely A mely Ashok Kumar and Satish Kum Kumar respectively in w in which subject matter of challeng hallenge is the award dated 16.03.199

03.1994 passed by the l the learned Motor Accident Claim Claims Tribunal, Sonepat (hereinaft reinafter referred to as ‘t as ‘the Tribunal’) on the ground ound of quantum, whereby a sum o sum of

PANKAJ KUMAR 2026.04.01 14:45 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh FAO No.946 of 1 46 of 1994 (O&M) -2- Rs.50,000/- each each was granted on account of inju of injuries suffered by appellants, in th , in the motor vehicular icular accident dated 30.12.1990, wh which took place due to rash an ash and negligent driving riving of respondent No.1-driver of tru o.HRD- of truck bearing registration No.HRD

8551. For the sak the sake of convenience, the facts are ts are being taken from FAO No.946 946 of 1994 titled as ‘As Ashok Kumar Vs. Rajpal and othe others’.

2. On 30.12.1990, appellants before On efore this Court along with one Am e Amit Kumar were trav re travelling in the car bearing registra egistration No.DL-2-CA-5681 driven b riven by Amit Kumar met ar met with an accident with a truck b ruck bearing registration No.HRD-855 8551 driven by respon respondent No.1 herein in a rash and sh and negligent manner, due to whic o which appellants name namely Ashok Kumar and Satish atish Kumar received serious injurie injuries whereas Amit K mit Kumar died owing to the injuri injuries suffered by him. Appellan pellant- Ashok Kumar in in FAO No.946 of 1994 (since ince deceased and being represented b nted by his legal represe epresentatives) had fractures of clav f clavicle bone, wrist, nose bone an one and mandible bone f bone for which the learned Tribunal ibunal had awarded a compensation o ation of Rs.50,000/-; wh ; whereas appellant-Satish Kumar umar in FAO No.947 of 1994 h 94 had suffered fracture actures in right leg and mandible bon le bone and the compensation assesse assessed for the same was e was Rs.50,000/-. In both appeals, peals, enhancement of compensation sation is sought by the app the appellants.

3. In FAO No.946 of 1994, learned co In F ned counsel for the appellant submitte bmitted that the appell appellant-Ashok Kumar had remai IMER, remained hospitalized in PGIMER Chandigarh for 2 h for 22 days and spent Rs.60,000/- on on his treatment. His disability wa lity was assessed at 19% %, however, the learned Tribunal ibunal completely ignored the said fa aid fact and did not gra ot grant any compensation towards wards loss of earning capacity to th to the appellant, who w who was running a betal shop at the at the time of accident. The amount o ount of Rs.10,000/- each each granted towards pain and suffe suffering and special diet, conveyanc veyance PANKAJ KUMAR 2026.04.01 14:45 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh FAO No.946 of 1 46 of 1994 (O&M) -3- etc. are on lower lower side and requires enhancement. ement. The appellant was an unmarrie married person of 28 year 8 years of age and facial injuries suffe suffered by him in the accident wou t would definitely have a have an impact on his marriage prosp prospects, thus, a just amount ought ought to have been award awarded by the learned Tribunal un nal under the head of loss of marriag arriage prospects.

4. In FAO No.947 of 1994, there was In F e was no representation on behalf of th lf of the appellant. Posit Position was not different on 21.0 n 21.04.2025, 19.05.2025, 29.07.202

7.2025,

24.09.2025, 29.0

9.09.2025, 29.10.2025 and 17.11.2

17.11.2025. Even notice issued to th d to the appellant was rec as received back unserved with the re ouse. the report that he had sold the house.

5. Lear earned counsel for respondent No nt No.3-Insurance Company submit bmitted that the award pa ard passed by the learned Tribunal doe nal does not suffer from any irregulari gularity or infirmity, and y, and that the findings recorded there d therein are well-reasoned on the bas he basis of the material av rial available before the learned Tribu Tribunal. It was further argued that th that the appellant in FAO n FAO No.946 of 1994 has died and, t and, therefore, the appeal stands abate s abated and legal repres representatives cannot prosecute the te the claim petition for the injurie injuries suffered by the d y the deceased, as the claim for comp compensation for damages on accou account of injuries suffer fered by an injured is a right pers ht personal to the injured and this rig his right cannot be contin continued by the legal representativ entatives. Reliance in this regard wa ard was placed upon the j n the judgment passed by a Coordinat rdinate Bench of this Court rendered dered in Sukhdev Singh ngh through his LRs Vs. Ramesh esh Kumar 2019 (2) Law Herald ald. It was accordingly ingly contended that no ground is mad is made out for interference in appeals ppeals.

6. In rebuttal, learned counsel for the a In re r the appellant in FAO No.946 of 199 of 1994 relied upon the j n the judgment passed by the Hon’ble ble Supreme Court in The Orient riental Insurance Comp ompany Limited Vs. Kahlon @ Ja @ Jasmail Singh Kahlon (deceased eased) through his lega legal representative Narinder Kahl Kahlon Gasakan and another (2022 (2022) PANKAJ KUMAR 2026.04.01 14:45 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh FAO No.946 of 1 46 of 1994 (O&M) -4- 13 SCC 494 whe wherein it has been held that motor motor accident claim does not abate o e on death of injured njured claimant and compensation r tion regarding loss of estate include includes expenditure on m e on medicines, treatment, diet, atten , attendant, doctor’s fee etc. as well a well as loss of income an ome and future prospects.

7. I have heard learned counsel for the I hav for the parties and examined the recor record, with their able as able assistance.

8. The records of the case were de The ere destroyed in a fire accident th ent that occurred within t ithin the premises of this Court and, th and, therefore, this Court is constraine strained to adjudicate th ate the matter on the basis of the of the limited documentary evidenc vidence available.

9. In view of the ratio decidendi culle In v culled out in the judgment passed b ssed by the Hon’ble Sup le Supreme Court in the case of Th The Oriental Insurance Compan Limited (supra), upra), this Court has no hesitation in h on in holding that motor accident clai nt claim does not abate ev ate even on death of the injured claim claimant.

10. There is no evidence available befo Ther le before this Court or discussed by th d by the learned Tribunal ibunal in its award with respect to am t to amount of expenditure incurred b rred by the appellant on ant on his treatment. Since the ap the appellant had undergone surgic surgical procedures to red to reduce the fractures suffered by h d by him and he remained hospitalize italized for about 22 days 2 days in PGIMER, Chandigarh, this , this Court presumes that the appella ppellant may have spen spent Rs.20,000/- towards medic medical expenses and thus, gran grants Rs.20,000/- towa towards medical expenses. The ap he appellant was running a betal sho tal shop and in the absen absence of any documentary evidenc vidence towards his income, this Cou is Court takes the notiona notional income of the appellant as R nt as Rs.1500/- per month; whereupo ereupon future prospects pects of 40% are to be added and mu nd multiplier of 17 would be applied a plied as suitable to the ag the age of the appellant at the time of ime of accident, in view of the law la law laid PANKAJ KUMAR 2026.04.01 14:45 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh FAO No.946 of 1 46 of 1994 (O&M) -5- down by the Hon he Hon’ble Supreme Court in Nationa tional Insurance Co. Ltd. Vs. Prana Sethi (2017) 16 S ) 16 SCC 680. He had suffered 19% d 19% disability but there is nothing o thing on record to show show whether the disability was per as permanent or temporary, therefor erefore, keeping in view view the fact that his left wrist wa ist was fractured, this Court takes th kes the disability of the a f the appellant as 10% functional disa al disability. Consequently, the loss o loss of future prospects spects is assessed as Rs.42,840/-. . This Court retains the amount o ount of Rs.10,000/- eac each under the heads of pai f pain and suffering and speci special diet/conveyance yance etc. as granted by the learned Tr ned Tribual. However, keeping in vie in view the fact that the at the appellant was unmarried at t d at the time of accident and he ha he had suffered facial in cial injuries, a sum of Rs.50,000/- is a is awarded towards loss of marriag arriage prospects. Further a sum of Rs.25,000/ Fur ,000/- is awarded towards loss of loss o amenities/enjoym enjoyment of life as well as a sum of R m of Rs.5000/- is awarded towards lo rds loss of income durin during the period of treatment and t and recovery period. Thus, the tot the total compensation pa ion payable shall be Rs.1,62,840/-.

11. In view of the aforesaid facts and In v ts and circumstances, FAO No.946 o .946 of 1994 is allowed owed to the above extent and the enh e enhanced compensation i.e. over an ver and above the compe compensation awarded by the learned earned Tribunal shall also carry intere interest @7.5% per annu r annum from the date of filing of the of the claim petition till its realizatio lization. The enhanced co ced compensation shall be payable to the legal representatives of th s of the deceased-appella ppellant in equal ratio by respondent N dent No.3-Insurance Company.

12. Since there was no representation o Sinc ation on behalf of the appellant despi despite numerous opport opportunities and service was not ef not effected upon the appellant due t due to non-availability bility of address, as he has sold his ld his house, the appeal bearing FA g FAO No.947 of 1994 1994 is dismissed for non-prosecutio ecution with liberty to the appellant ellant to reopen the same same on his appearance before this Co this Court. PANKAJ KUMAR 2026.04.01 14:45 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh FAO No.946 of 1 46 of 1994 (O&M) -6-

13. Pending misc. application(s), if any, Pend if any, also stands disposed of. (AMARIN ARINDER SINGH GREWAL) JUDGE March 30, 2026 , 2026 Pankaj* Whether speaking/reasoned: ned:- Whether Reportable:- Yes/No Yes/No PANKAJ KUMAR 2026.04.01 14:45 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh