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PUNJAB & HARYANA HIGH COURT
S.S.Sodhi, J.
Dr. Harminder Singh
Versus
Sukhpinder Singh
F.A.O. No. 353 of 1983,
Decided On : JANUARY 16, 1985
MOTOR ACCIDENT - COMPENSATION - QUANTUM - INJURIES SUFFERED BY CLAIMANT - LOSS OF EARNING CAPACITY - MEDICAL EXPENSES - LOSS OF SALARY - DISABILITIES RESULTING FROM INJURIES - DEATH OF SON - LOSS OF FINANCIAL SUPPORT - DEATH OF HOUSEWIFE - LOSS OF SERVICES - REMARRIAGE OF HUSBAND - INTEREST ON COMPENSATION.
Fact of the Case:
A head-on collision between two Punjab Roadways buses resulted in injuries to several passengers and the death of some. The Tribunal found the bus drivers negligent and held them and their employer, the State of Punjab, liable for compensation to the claimants.
Finding of the Court:
The court enhanced the compensation awarded by the Tribunal to the injured claimant, Dr. Harminder Singh, from Rs. 56,000/- to Rs. 1,50,000/- considering the nature and extent of his injuries, pain and suffering, and permanent disabilities. The court also awarded Rs. 10,000/- for medical expenses, Rs. 11,970/- for loss of salary, and Rs. 4,500/- for the salary of a driver employed due to the claimant's disabilities. The court enhanced the compensation for the parents of the deceased son, Paramjit Singh, from Rs. 30,000/- to Rs. 42,000/- considering his potential earning capacity and dependency. The court also enhanced the compensation for the husband and minor daughter of the deceased housewife, Jagjit Kaur, from Rs. 18,000/- to Rs. 50,000/- considering the value of her services and the husband's income.
Issues: 1. Whether the compensation awarded by the Tribunal for the injuries sustained by Dr. Harminder Singh was adequate? 2. Whether the compensation awarded for the death of Paramjit Singh was sufficient considering his potential earning capacity and dependency? 3. Whether the compensation awarded for the death of Jagjit Kaur and her minor daughter was adequate considering the value of her services and the husband's income?
Ratio Decidendi: 1. The court held that the Tribunal erred in awarding inadequate compensation to Dr. Harminder Singh considering the nature and extent of his injuries, pain and suffering, and permanent disabilities. The court awarded additional compensation for medical expenses, loss of salary, and the cost of employing a driver due to the claimant's disabilities. 2. The court held that the Tribunal erred in awarding inadequate compensation for the death of Paramjit Singh considering his potential earning capacity and dependency. The court applied the principle laid down in Lachhman Singh v. Gurmit Kaur to compute the dependency and awarded enhanced compensation. 3. The court held that the Tribunal erred in awarding inadequate compensation for the death of Jagjit Kaur and her minor daughter considering the value of her services and the husband's income. The court awarded enhanced compensation considering the deceased's age, her role as a housewife, and the possibility of the husband remarrying.
Final Decision: The court enhanced the compensation payable to Dr. Harminder Singh to Rs. 1,50,000/-, to the parents of Fateh Singh deceased to Rs. 42,000/-, and to the husband and daughter of Jagjit Kaur deceased to Rs. 50,000/-. The compensation was to be paid with interest at the rate of 12% per annum from the date of application to the date of payment.
S.S.Sodhi, J.
1. Several passengers were injured & some died too, in a head on collision between two Punjab Roadways buses PUI 6329 and PUC-6510 coming from opposite directions. This happened on July 13, 1979 near village Badowal on the G.T Road between Ludhiana and Jullundur. Amongst the injured was Dr. Harminder Singh while those killed included his son Paramjit Singh, Fateh Singh and Jagjit Kaur and her six month, old daughter- Bipan.
2. The Tribunal returned a finding against the two bus-drivers of the issue of negligence and consequently held them and their employer-The State of Punjab- liable for payment of compensation to the claimants. The amount awarded in the case of Dr. Harminder Singh, for the injuries sustained being Rs. 56,000/- while in the other case relating to his son Paramjit Singh, Rs. 30,000/- were awarded to him and his wife Sowarnjit Kaur for the financial loss suffered by them on account of his death. The parents of Fateh Singh decease were awarded Rs. 26,000/- As regards Jagjit Kaur and their minor daughter Bipan the compensation awarded was Rs. 18,000/- and Rs. 12,000/- respectively.
3. The matter which arises for determination in appeal now is with regard to the quantum of compensation payable to the claimants.
4. Beginning here with the case of Dr. Harminder Singh, the evidence on record shows that he suffered as many as 12 in-juries in this accident, P.w. 11 Dr. Niman Mathew p 3 Registrar, Department, of ortheopaedic at the Brown Hospital Ludhiana, who examined Dr. Harminder Singh, on the date of the accident, found his injuries to be as under :-
1) A lacerated wound 1 "X 1/2" on the centre of forehead.
2) A lacerated wound 1/2" X 1/4" on the Nose. It was superficial.
3) A bone deep lacerated wound 1/2" X 1/2" on the back of left elbow.
4) A lacerated wound 1/2" X 1" bone deep on the front of middle of left leg. There was fracture of left leg both bones.
5) A lacerated wound 1-1/2" X 1" bone deep on the middle of right leg. There was open fracture of right leg.
6) There was closed fracture of the shaft of ulna right.
7) There was closed fracture shaft of ulna left.
8) A bruise 2" X 1/2" long on anterior aspect of right ankle.
9) There was intorcondylar fracture of tibial and femural condyles with disclocation of right knee.
10) An abrasion 1/2" X I" on front of left knee.
11) An abrasion 1" X 1" on front of right knee.
12) Swelling 3" X 3" on the right thigh.
The injuries mentioned at serial nos 4, 5, 6, 7, and 9 were grievous and the doctor opined that these could have been caused in a motor accident.
5 It was further the testimony of Dr. Niman Mathew that Dr. Harminder Singh remained admitted in the hospital at Ludhiana until his discharge on August 18, 1979 when he was referred to the Post Graduate Medical Institute at Chandigarh for further treatment. It was also his testimony that there was stiffness in the right knee which was of a permanent nature but he could not give the extent of impairment of this limb.
6. Next to note the testimony of A.W. Dr Shivinder Singh the lecturer, Ortheopaedic at the Post Graduate Medical Institute, Chandigarh, who deposed that Dr. Harminder Singh was admitted to the Hospital on August 18, 1979 and was discharged on November 14. 1979. He was operated upon on September 8, 1979.
7. Dr. Shivinder Singh stated that the patient, that is, Dr.Harminder Singh had a closed fracture of the lower 1/4 of the left ulna, closed fracture of the middle 1/3rd of the right ulna. compound fracture of both bones of the left leg, compound fracture of both bones of the right leg, fracture of the medical condyle of right femural and closed fracture of the laterial condyle of left tibia. The disabilities resulting from these injuries were listed out by this doctor to be:-
i) Limitation of at least 20 degrees of supination of the left forearm.
ii) Restriction of at least 20 degrees supination of the right forearm with painful last movements.
iii) Shortening of the right lower li
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