Jaswant Singh v. Ajit Singh And Others

FAO-4012-2024 Page 1 of 3

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

FAO-4012-2024(O&M) Date of decision: 18.05.2026 Jaswant Singh ...Appellant(s) Vs.

Ajit Singh & Others

...Respondent(s)

CORAM:

HON'BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Harminder Singh, Advocate for the appellant.

*** NIDHI GUPTA, J.

CM-14762-CII-2024 This is an application under Section 5 of Limitation Act for condonation of delay of 114 days in filing the appeal. After going through the contents of the application, which is supported by affidavit of the appellant, the same is allowed subject to all just exceptions and delay of 114 days in filing the present appeal is condoned. MAIN CASE Present appeal has been filed by the injured-claimant seeking enhancement of compensation of Rs.25,000/- awarded by the Motor Accident Claims Tribunal, Gurdaspur (hereinafter 'the learned Tribunal')

FAO-4012-2024 Page 2 of 3 vide Award dated 06.01.2024 passed in MACP-84-2021 dated 23.07.2021 filed under Section 166 of Motor Vehicles Act (hereinafter "the Act"). 2.

Brief facts of the case are that the ld. Tribunal on the basis of pleadings and oral & documentary evidence adduced by the parties, concluded that the appellant had suffered injuries in a motor vehicular accident that took place on 15.03.2021 at about 6:30 pm due to the rash and negligent driving of Bus bearing registration No.PB-02-BV-9977 (hereinafter "the offending vehicle") being driven by respondent No.1, owned by respondent No.2, and insured by respondent No.3. The compensation has been awarded along with interest @ 7% per annum. Respondents were held jointly and severally liable to pay the compensation. 3.

Learned counsel for the appellant seeks enhancement of compensation by submitting that in the accident in question, the appellant had suffered multiple serious and grievous injuries. In fact, the appellant has suffered permanent disfigurement due to the injuries sustained in the accident. Keeping in view the above facts, compensation is on the lower side. Even interest ought to have been awarded at least @ 9% per annum. It is accordingly prayed that present appeal be allowed and Award be modified. 4.

No other argument is made on behalf of the appellant. I find no merit in the submissions advanced on behalf of the appellant. 5.

As per the MLR (Ex.C1) in the accident dated 15.03.2021, the appellant has suffered following injuries:-

FAO-4012-2024 Page 3 of 3 "1. A lacerated wound measuring 2.5 cm x 2 cm present over the inner side of the right ankle. Clotted blood was present. Advised x-ray.

2. Bluish blackish coloured bruise measuring 4 cm x 3.5 cm nearly oval in shape was present over the back of the right hip.

3. Complaint of pain over the left side of face." 6.

Learned counsel for the appellant does not dispute that the above are the only injuries suffered by the appellant. Thus, appellant has only suffered minor injuries in the accident and question. It is admitted that no disability of any kind let alone any permanent disability has been suffered by the appellant. The appellant is unable to show any record to substantiate his submission that he had suffered any permanent disfigurement in the accident in question. Keeping in view the aforesaid facts, compensation awarded by the learned Tribunal is just, fair and adequate in the facts and circumstances of the case. 7.

Thus, no ground is made out for enhancement of compensation amount. Present appeal accordingly stands dismissed. 8.

Pending application(s) if any also stand(s) disposed of. 18.05.2026 (Nidhi Gupta) Sunena Judge Whether speaking/reasoned: Yes/No Whether reportable:

Yes/No