P&H: Enhances Injury Compensation to Rs. 65,500, Upholds Tanker Insurer’s Exoneration

punjab-haryana
⚖️ Order Date: 08 Oct 2026
Headnotes

(i) Motor Vehicles Act, 1988, S.166 — Compensation — Claimant suffering fractures of three metatarsal bones and 20 per cent disability — Disability relating only to limb not diminishing earning capacity — Compensation assessed at Rs. 65,500 under heads of pain and suffering, treatment, transportation...

(ii) Motor Vehicles Act, 1988, S.166 — Compensation — Insurance — Claimant travelling with seeds in tanker meant for transportation of liquids — Tribunal rightly exonerated insurer from liability to indemnify insured, vehicle being meant only for transportation of liquids. (Para 12)


Facts of the Case

P&H: Enhances Injury Compensation to Rs. 65,500, Upholds Tanker Insurer’s Exoneration

The Punjab and Haryana High Court has enhanced compensation payable to an accident victim from Rs. 40,000 to Rs. 65,500, while dismissing the cross-objections filed by the tanker owner. Justice Yashvir Singh Rathor held that the claimant was entitled to additional compensation for his injuries and related losses.

The claimant had suffered fractures in three metatarsal bones in an accident involving a tanker and a truck. The Motor Accident Claims Tribunal had found that both drivers were contributorily negligent, apportioning liability equally, and awarded Rs. 40,000 with 12 per cent annual interest. The claimant appealed, arguing that the award was...

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