Authority: High Court of Punjab and Haryana at Chandigarh

Order Date: 26.02.2026

Case Overview

  • Appellant: Kabul Singh; Respondents: Prem Chand (owner‑cum‑driver of vehicle No. HR‑07‑C‑1582) and National Insurance Company (insurer of the vehicle).
  • The appeal challenges the Motor Accident Claims Tribunal (MACT) award dated 14.05.2004, which granted ₹48,600 compensation with 9% interest for injuries sustained in a road accident on 24‑09‑2000.
  • Issues framed included liability for the accident, extent of injuries, validity of driving licence, and quantum of compensation.
  • Evidence showed the accident resulted from rash and negligent driving by Prem Chand; both Prem Chand and the insurer were held jointly and severally liable.
  • Medical evidence (Dr. Rajesh Chhabra, PGI Chandigarh) documented grievous head injuries: frontal bone fracture, pneumocephalus, skull‑base fracture, resulting in forehead deformity and potential loss of smell.
  • Claimant incurred ₹17,007 in treatment expenses (bills partially unavailable) and was unable to work for six months.

Final Outcome

  • The Court affirmed joint liability of Prem Chand and National Insurance Company.
  • Compensation was reassessed as follows:

| Head of Compensation | Amount Assessed (₹) |

| Pain and Sufferings | 35,000 |

| Expenses Incurred on Treatment | 20,000 |

| Loss of Income | 16,000 |

| Nutritious Diet, Attendant & Transportation (Composite) | 15,000 |

| Total | 86,000 |

  • Interest at 9% per annum is applicable from the claim filing date (22‑09‑2001) until realization.
  • The appeal is partly accepted; respondents are ordered to pay the enhanced amount of ₹37,400 (₹86,000 – ₹48,600) plus interest.
  • The Registry is directed to email the authenticated award copy to National Insurance Company in accordance with Supreme Court directions in Bajaj Allianz General Insurance Company Vs. Union of India (Writ Petition No.534 of 2020, decided 16.03.2021).
  • Costs awarded to the appellant; any pending miscellaneous applications are to be disposed of.

Topics: Compensation, Motor Accident Claims, Joint Liability