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High Court of Punjab and HaryanaFAO/4394/2018allowed

Manjeet Singh v. Jatinder Singh And ORS

2025-12-02Mrs. Justice Archana Puri3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.130 Date of Decision: 02.12.2025 MANJEET SINGH ....Appellant

Versus

JATINDER SINGH AND OTHERS .....Respondents

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Ramanjeet Singh, Advocate for the appellant.

***** ARCHANA PURI, J. (Oral) The appellant has filed the present FAO for seeking enhancement of compensation, awarded by learned Motor Accident Claims Tribunal, on account of injuries sustained by him, in a motor vehicular accident, which took place on 05.01.2016.

Perusal of the impugned Award reveals that liability fastened upon the respondents is joint and several.

For the time being, notice issued only to respondent No.3Insurance Company. At this stage, Mr. Harjinder Singh, Advocate, accepts notice on behalf of respondent No.3-Insurance Company.

At this stage, counsel for the appellant submits that, even though, in the grounds of appeal, the appellant had sought enhancement of compensation, on various counts, but however, at present, he confines his prayer only for awarding interest, qua the amount awarded by learned Tribunal.

Perusal of the paperbook reveals that the appellant was 40 years old, at the time of accident and he was working as a 'Salesperson'. Considering the same and also taking into consideration the documentary evidence coming on record, on the count of medical expenses, an amount of Rs.1,11,972/- was awarded. Besides the same, taking into consideration the bills, with regard to the Physiotherapy, an amount of Rs.1,01,850/- was awarded by learned Tribunal. Further, an amount of Rs.8,000/- was awarded on the count of 'special diet' and another amount of Rs.4,000/- for the stay in hospital, for a period of 8 days, on account of loss of income during the said period.

Considering the disability, as per the disability certificate, Ex.C97, which was temporary at the relevant time, an amount of Rs.36,000/- was awarded. Thus, in total, the appellant-claimant was awarded compensation, to the extent of Rs.2,61,822/-, which was rounded off as Rs.2,62,000/-. The liability fastened upon the respondents, was joint and several. On query by this Court, it is stated by the counsel for the appellant that the amount awarded, has since been received by the appellant. However, from the relevant clause of the impugned Award, it is evident that

no amount of interest has been awarded to the appellant, for the period of pendency of the claim petition.

In view of the aforesaid, the appellant is held entitled to the interest @ 6% per annum, from the date of filing of the claim petition, till the date of realization of the award amount.

In view of the aforesaid terms, the FAO is hereby allowed. (ARCHANA PURI) 02.12.2025 JUDGE Himanshu Vats Whether speaking/reasoned :

Yes Whether reportable :

Yes/No