Salender v. Rajender And ORS

FAO-426-2025(O&M) - 1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 125 FAO-426-2025 (O&M) Date of decision: 23.12.2025 Salender ...Appellant(s) Vs.

Rajender and others

...Respondent(s)

CORAM:

HON'BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Saurabh Dalal, Advocate for the appellant. *** NIDHI GUPTA, J.

The present appeal has been filed by the injured-claimant seeking enhancement of compensation of Rs.93,749/- awarded by the learned Motor Accident Claims Tribunal, Jhajjar (for short "the learned Tribunal") vide Award dated 24.12.2024 passed in MACP Case No. 91 dated 16.03.2023 filed under Section 166 of the Motor Vehicles Act, 1988. 2.

Brief facts of the case are that the learned Tribunal on the basis of evidence adduced by the parties concluded that the appellant had suffered injuries in a motor vehicular accident that took place on 12.02.2023 due to the rash and negligent driving of a Trax Cruiser bearing registration No. HR-69B-9493 (hereinafter referred to as "the offending vehicle") being driven by respondent No.1; owned by respondent No.2; and insured by respondent No.3. The above said compensation was awarded along with interest @ 9% per annum. All the respondents were jointly and severally held liable to pay the amount of compensation.

FAO-426-2025(O&M) - 23. Learned counsel for the appellant seeks enhancement of compensation by submitÝng that learned Tribunal has awarded medical expenses on the lower side. Even loss of income has been calculated on the lower side. The amount awarded on the special diet and pain and suffering are also on the lower side. Rate of interest ought to have been 12% per annum instead of 9% per annum. He accordingly prays for modification of Award/enhancement of compensation.

4.

No other argument is raised on behalf of the appellant. I have heard learned counsel and perused the case file in detail. I find no merit in the submissions made on behalf of the appellant. 5.

Perusal of the record of the case shows that it is admitted fact on record that in the accident in question, the appellant has not suffered any permanent disability. In fact, learned counsel for the appellant is unable to inform this Court as to the exact nature of injuries suffered by the appellant in the accident in question. As per the treatment record of the appellant Ex.P3, appellant had been admitted in hospital only on 12.02.2023 i.e. the date of accident. Further, Appellant had produced medical bills Ex.P4 to Ex.P9 for an amount of Rs.23,749/-, which had duly been reimbursed by the learned Tribunal. Accordingly, keeping in view above facts, learned Tribunal has awarded compensation in the following manner: - Sr. No.

Heads Calculation (in Rs.) (i) Medical expenses Rs.23,749/- (ii) Transportation charges Rs.20,000/- (iii) Special Diet Rs.10,000/- (iv) Pain and suffering Rs.30,000/- (v) Loss of Income Rs.10,000/-

FAO-426-2025(O&M) - 3Total Rs.93,749/- 6.

It has also been categorically found by the learned Tribunal that the appellant has failed to place on record any authentic proof of his income. Even before this Court, learned counsel for the appellant is unable to apprise this Court as to the nature of the employment of the appellant. Yet, learned Tribunal has awarded ₹10,000/- towards loss of income. 7.

Keeping in view the above facts, no ground is made out to interfere in the impugned Award. The present appeal is accordingly dismissed.

8.

Pending application(s), if any, also stand(s) disposed of. 23.12.2025 (NIDHI GUPTA) Divyanshi JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No