P&H: Absence of disability certificate or medical evidence of amputation, finding that permanent disability was not proved upheld and no compensation awarded for loss of future earning capacity

punjab-haryana
⚖️ Order Date: 12 Oct 2026
Headnotes

(i) Motor Vehicles Act, 1988, S.166 — Compensation — Loss of earning capacity can be assessed only on medical evidence of disability — In absence of disability certificate or medical evidence of amputation, finding that permanent disability was not proved upheld and no compensation awarded...

(ii) Motor Vehicles Act, 1988, Section 166 — Compensation — Damage to vehicle — Proof of repair costs — No survey by claimant’s own insurer is a pre-condition to recovering damages from the party who caused the accident — Where the mechanic who issued the...

 


Facts of the Case

P&H: Absence of disability certificate or medical evidence of amputation, finding that permanent disability was not proved upheld and no compensation awarded for loss of future earning capacity

The Punjab and Haryana High Court has enhanced compensation awarded after a truck collided with a three-wheeler in 1997. Justice Amarinder Singh Grewal raised the injured passenger’s award from ₹37,000 to ₹1 lakh and the vehicle owner’s award for damage to his three-wheeler from ₹3,000 to ₹15,000.

The appeals were brought by Krishan Chand, who was injured in the collision, and Ram Kumar, who was driving and owned the three-wheeler. The Motor Accident Claims Tribunal had found the truck driver negligent, but the claimants argued that the compensation was inadequate. Krishan Chand relied on his lengthy treatment and claimed permanent...

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