21.07.2025 Bansal Rajat Bansal v. Janak and an another
Case Details
FAO-4061 61-2025 (O&M) -1- IN THE HIG E HIGH COURT OF PUNJAB AND HA ND HARYANA AT CHANDIGARH 137 FAO-4061-2025 (O&M) Date of Decision:21.07.2025 Bansal Rajat Bansal .…Appellant Versus Janak and an another ....Respondents CORAM: H M: HON'BLE MS. JUSTICE NIDH NIDHI GUPTA Present: - Mr. Mayank Gupta, Advocate f cate for the appellant. NIDHI GUP I GUPTA, J. 1. Present appeal has been filed by king iled by the injured-claimant seeking enhancemen cement of compensation of Rs.83,30 83,308/- awarded by the learned Motor Accid Accident Claims Tribunal, Jind (here ) (hereinafter ‘the learned Tribunal’) vide impugn mpugned Award dated03.05.2025 pa 52 passed in MACP Case No. 52 dated 15.03. 15.03.2024, filed under Section 166 , n 166 of the Motor Vehicles Act, 1988. 2. Brief facts of the case are that the re that the learned Tribunal on the basis of plea of pleadings and oral & documentary re it entary evidence adduced before it concluded t ded that the injured-claimant had s otor had suffered injuries in a motor vehicular ac lar accident that took place on 09.02. due 09.02.2024 at about 8:40 A.M., due to the rash rash and negligent driving of ring of TATA VISTA Car bearing registration ation No. HR-12-S-5637 (for shor eing short-‘the offending car’) being driven and o and owned by respondent No. 1 and o. 2. 1 and insured by respondent No. 2. The aforesai foresaid compensation was granted a per nted along with interest @ 9% per annum. The . The respondents No.1 and 2 were he able ere held jointly and severally liable to pay the am the amount of compensation. RISHU KATARIA 2025.07.24 09:16 I attest to the accuracy and authenticity of this order/judgment. FAO-4061 61-2025 (O&M) -2- 3. Learned counsel for the appe t of e appellant seeks enhancement of compensatio nsation, inter alia, on the ground that rded d that the ld. Tribunal had awarded a very me y meager amount under the Hea ring, eads of pain and suffering, transportatio ortation, attendant charges and specia special diet. It is submitted that the Tribunal ha al has erred in not granting any c any compensation to the injured- appellant un under the Heads of loss of exp expectancy of life and loss of enjoyment o ent of life. It is submitted that the ap ous the appellant had suffered grievous Lumbar Spi Spine Injury in the accident in qu een in question, yet nothing has been awarded to ed to the appellant under the aforesa had aforesaid heads. The appellant had even remain remained hospitalized for many da t is ny days after the accident. It is accordingly, ingly, prayed that the impugned and ugned Award be modified and compensatio nsation awarded to the appellant be en t be enhanced. 4. 5. No other argument is made on b e on behalf of the appellant. I have heard ld. Counsel and p d no and perused the case file. I find no merit whatso whatsoever in the submissions made on ade on behalf of the appellant. 6. Perusal of the record reveals th e of eals that it was the pleaded case of the appellant pellant before the learned Tribunal tha one nal that the appellant along with one Amit (claim (claimant in connected MACP No. 53 h is No. 53 dated 15.03.2024 - which is also disposed isposed of by the learned Tribunal, vid ard nal, vide common impugned Award dated 03.05. 03.05.2025) were going from their hou mit eir house on the motorcycle of Amit bearing regi g registration No. HR-31-P-0746. Th eing 46. The said motorcycle was being driven by th by the appellant while Amit was ridi that as riding pillion. It was alleged that at about 8:4 ut 8:40 A.M., when they crossed ool, Christ Raja Convent School, Narwana, Jin na, Jind, respondent No. 1 while driv high le driving the offending car at high speed in a r in a rash and negligent manner cam their er 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 61-2025 (O&M) -3- motorcycle, cycle, as a result of which, the appel reas appellant fell on the road whereas Amit got ent got entangled underneath the car. It is o. 1 It is pleaded that respondent No. 1 had stopped opped the offending car at some distan out distance and the passersby took out Amit from u from underneath the car and shifted bo to fted both, the appellant and Amit, to Metro Hospi
Legal Reasoning
Hospital, Jind for treatment. FIR No. nder R No. 0068 dated 09.02.2024 under Sections 279 ns 279, 337 and 338 PC was registere Jind gistered at Police Station City, Jind regarding the ing the accident in question on the stat was the statement of Amit Kumar. It was further plead r pleaded on behalf of the appellant tha tion, that due to his serious condition, the appellan pellant was shifted from Metro H dal, tro Hospital Jind to O.P. Jindal, Institute of C te of Cancer and Cardiac Research H arch Hospital, Hisar on 10.02.2024 where he re he remained admitted up to 12.02.2 the 2.02.2024. It was pleaded that the appellant had ant had spend a sum of ₹6,00,000/- on tion, on his treatment, transportation, special diet l diet etc., and more amount is likely ent likely to be spent on his treatment even in futu future. Further, it was pleaded th ning ed that the appellant was earning ₹40,000/- pe per month by doing scrap busines ered ess, but due to injuries suffered by him, he h , he has become permanently disable o do disabled and was even unable to do his daily rou ily routine work. Accordingly, a sum d as a sum of ₹ 80 lakhs was claimed as compensatio nsation. 7. Despite the exaggerated claim t in claims made by the appellant in respect of th of the injuries allegedly suffered by , red by him in the accident question, as per the ev evidence on record, at the time of pital ime of admission in Metro Hospital Jind the ap he appellant had suffered ‘soft tiss er tissue injury with severe lower backache’. . At the time, the appellant was n in t was also complaining of pain in facial region region and chest. The appellant wa said ant was discharged from the said hospital on al on 10.02.2024; whereafter he wa ital, 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 61-2025 (O&M) -4- Hisar. As p As per discharge summary (Ex. ndal (Ex. P-12) received from Jindal Hospital, H tal, Hisar, the appellant was admit on admitted in the said hospital on 11.02.2024 2024 and was found to have suffere re uffered ‘spine injuries which were simple in n in nature’/Lumbar Spine Injury. jury. Accordingly, appellant was discharged rged from the hospital on 12.02.20 RI 2.02.2024 itself. As per the MRI conducted cted on the appellant, the normal curv und al curvature of LS Spine was found straightened; tened; Multilevel Posterior Disc Bul L5 sc Bulges at L1-L2, L3-L4, L4-L5 and L5-S1 1 levels compressing Anterior Te ular rior Techal Sac; Posterior Annular Tear at L4 t L4-L5 and L8-S1 levels were foun ised e found. The appellant was advised complete be ete bed rest and physiotherapy. has . Although, the appellant has contended that he had suffered permanent e is anent disability, however, there is nothing on r g on record to remotely indicate any the te anything to this effect. Even the appellant ha ant has produced no Disability Certif Certificate. Thus, ld. Tribunal has awarded₹20, 20,000/- as compensation towards the wards pain and suffering. Given the above undisp undisputed facts, I find no error in the in the same. 8. Further, notwithstanding the nses the exorbitant medical expenses claimed to h to have been incurred by the appell appellant to the tune of ₹6,00,000/- ,the appellan pellant has produced medical bills ere bills for only₹33,308/-; which were duly reimbur eimbursed by the Tribunal. The appell appellant has demanded₹1,00,000/- towards tran s transportation, special diet, attenda , the ttendant charges etc. However, the Tribunal has has awarded ₹20,000/- for the sam ere he same even though no bills were produced by ced by the appellant in order to show a him show any expenses incurred by him under the sai the said Heads. Thus, except for bald een r bald statements, no proof has been produced by ced by the appellant in support of his f eem f his far-fetched claims which seem to be highly ighly exaggerated. RISHU KATARIA 2025.07.24 09:16 I attest to the accuracy and authenticity of this order/judgment. FAO-4061 61-2025 (O&M) -5- 9. It was also claimed by the app the he appellant that he was doing the business of s ss of scrap and earning ₹40,000/- per f of per month. However, no proof of income was e was produced by the appellant. Yet the Yet, the Tribunal had assessed the income of th e of the appellant as ₹10,924/- per mo um per month on the basis of Minimum Wages No .2024, s Notification dated 22.02.2024, issued by bour the Labour Commission issioner, Haryana. Further, although gest ough nothing was shown to suggest that any loss y loss of income had accrued to the ap nt in the appellant due to the accident in question, yet , yet, the Tribunal has granted ₹10,0 . 10,000/- towards loss of income. Thereby gra by granting total compensation of ₹83 t @ 83,308/- along with interest @ 9% per annu r annum. 10. It has been contended by learn llant learned counsel for the appellant that nothing othing has been awarded towards life. wards loss of enjoyment of life. However, th ver, the appellant has not shown any has anything to indicate that he has suffered any ed any lack in the enjoyment of life d also life due to the accident. It has also been conten ontended that nothing has been awar . n awarded towards life expectancy. However, th ver, the appellant has not suffered a , let fered any permanent disability, let alone any da any danger to his life expectancy. As o be As such, nothing is liable to be awarded to t ed to the appellant under the aforesaid resaid heads. 11. 12.
Decision
In view of the above, the presen present appeal is dismissed. Pending application(s), if any al any also stand(s) disposed of. 2025 21.07.2025 rishu ( NIDHI GUPTA ) JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No RISHU KATARIA 2025.07.24 09:16 I attest to the accuracy and authenticity of this order/judgment.