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SANJAY KAROL, MANMOHAN
Karamjit Singh – Appellant
Versus
Amandeep Singh – Respondent
ORDER :
Leave granted.
2. This appeal is against the judgment and order dated 24.05.2023 passed by the High Court of Punjab and Haryana, at Chandigarh in FAO No. 4283 of 2017 between the self-same parties which in turn was filed against findings returned by judgment and order dated 11.01.2017 in MACT Case No.299/13.11.2014.
3. The claimant-appellant, on 27.09.2014 while riding his motorcycle along with his son Dilpreet Singh, who was the pillion rider suffered a collision with the vehicle of the respondent no.1 bearing registration no. PB-12- R(T)7535 and suffered injuries in right arm and leg as well as other parts of the body. An FIR bearing no.178/2014 u/Ss 279, 337, 338 and 427 of IPC 1860 was registered at P.S. Chamkaur Sahib, District Rup Nagar. As a result of the injuries suffered, he underwent surgery and treatment at PGI, Chandigarh and subsequently at Sangh Hospital, Ropar. Ultimately, his right arm was amputated on 21.10.2014.
4. A true copy of the Claim Petition is Annexure P-2. Compensation claimed was to the tune of Rs.40,00,000/- with an additional Rs.4,00,000/- spent on treatment. By an award dated 11.01.2017 the learned MACT granted compensation totalling Rs.6,84,582/-
The court ruled that compensation for injuries must reflect the claimant's skill level and applicable minimum wages, leading to a significant enhancement in the awarded amount.
Injury in motor accident – Quantum of compensation must be adequate and in consonance with minimum wage prevalent in the area where is an unskilled labourer.
Injury in motor accident – Quantum of compensation must be adequate and it cannot be meager.
The court emphasized the need to assess compensation based on the actual income and disability of the claimant, as per the provisions of the Motor Vehicles Act, 1988.
The court established that oral evidence is crucial for determining income in compensation claims, emphasizing the need for accurate assessment of disability.
Point of law : As the age of the appellant was 19 years on the date of the accident and as he was self-employed person, the appellant would be entitled to prospective income to the tune of 40%. As th....
Accurate assessment of income and disability is crucial in determining fair compensation in motor accident claims.
Injury in accident – Future economic loss is a part of just compensation.
The court established that the claimant's functional disability should be assessed at 90% due to amputation, and his age fixed at 22 years, applying a multiplier of 18 for compensation calculation.
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