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1997 Supreme(P&H) 880

PUNJAB & HARYANA HIGH COURT
M.S.Liberhan and P.K.Jain JJ.
Harminder Singh
Versus
Sukhpinder Singh
Letter Patent Appeal No. 662 of 1985,
Decided On : MAY 22, 1997

Important Points

The main legal point established in the judgment is the court's consideration of factors such as loss of income, future prospects, and loss of dependency in determining the quantum of compensation payable to the claimants under the Motor Vehicles Act, 1988.

Subject

Civil Law - Motor Vehicle Accident Compensation

Headnote

Compensation - Quantum of Compensation - Motor Vehicles Act, 1988 - Sections 166, 168, 171 - The court discussed the quantum of compensation payable to the claimants under the Motor Vehicles Act, 1988, specifically focusing on the factors such as loss of income, future prospects, and loss of dependency. The court referred to legal provisions and interpretations related to the calculation of compensation, loss of dependency, and future earning capacity, which influenced the court's decision in determining the compensation amounts.

Fact of the Case:

The case involved a head-on collision between two buses resulting in injuries and fatalities. The claimants sought compensation, and the court had to determine the quantum of compensation payable to the claimants.

Finding of the Court:

The court analyzed the factors such as loss of income, future prospects, and loss of dependency to determine the compensation amounts. The court dismissed one appeal and modified the compensation amounts in favor of the claimants in the other appeals.

Issues: The main issue was the quantum of compensation payable to the claimants for injuries and fatalities resulting from a bus collision.

Ratio Decidendi: The court considered factors such as loss of income, future prospects, and loss of dependency in determining the compensation amounts. The court also referred to legal provisions and interpretations related to the calculation of compensation, loss of dependency, and future earning capacity.

Final Decision: One appeal was dismissed, and the compensation amounts in favor of the claimants were modified in the other appeals.

Judgment

P.K.Jain, J.

1. Dissatisfied with the compensation awarded by the learned Single Judge of this Court in F.A.O. Nos. 353 of 1983, 386 of 1983 and 469 of 1983, decided on January 16, 1985, the claimants have filed these Letters Patent Appeals (Nos. 662, 663 and 691 of 1985), which are being decided by this common judgment.

2. The necessary facts for the disposal of these appeals are that on July 13, 1979, there was a head-on-collision between two Punjab Roadways buses-PUP-8329 and PUC-6510 near village Badowal on the S.T. road between Ludhiana and Jullundur, coming from opposite directions. Several passengers were injured and some died too as a result thereof. Amongst the injured was Dr. Harminder Singh, while those killed included his son Paramjit Singh, Fateh Singh, Jagjit Kaur and her six months old daughter-Bipan.

3. Claim petitions were Filed. The Tribunal returned a finding against the two bus-drivers on the issue of negligence and consequently held them and their employer-State of Punjab liable to pay compensation to the claimants. Dr. Harminder Singh, who sustained injuries, was awarded Rs. 56000/-, while in the case relating to the death of his son Paramjit Singh, a sum of Rs. 30000/- was awarded to Dr. Harminder Singh and his wife Sowarnjit Kaur on account of financial loss suffered by them. The parents of Fateh Singh were awarded Rs. 26000/-. As regards Jagjit Kaur and her minor daughter-Bipan, the compensation awarded was Rs. 18000/- and Rs. 12000/- respectively.

4. Being aggrieved, the claimants came in appeal. The learned Single Judge of this Court enhanced the compensation awarded to Dr. Harminder Singh in respect of the injuries sustained to him to Rs. 1,50,000/-. However in the case of death of his son Paramjit Singh, the compensation awarded by the Tribunal was maintained. In the case relating to the death of Fateh Singh, the compensation was enhanced to Rs. 42000/-. For the death of Jagjit Kaur, the amount of compensation was increased to Rs. 50,000/-. But relating to the death of her minor daughter-Bipan, the amount of Rs. 12000/- as awarded by the Tribunal was maintained.

5. The matter which arises for our determination in these appeals is with regard to the quantum of compensation payable to the claimants.

6. Shri Karminder Singh, Advocate, learned counsel for the appellant-Dr. Harminder Singh, has argued that the said appellant was drawing Rs. 3425/- per month as stated by A.W. 16 Sh. Udham Singh Head Clerk on the basis of official record, whereas the learned Single Judge has taken into consideration the monthly salary of the appellant as Rs. 2850/- and that the appellant remained under treatment for several months, whereas the learned Single Judge has taken the period as 5-1/2 months. It has been further argued by the learned counsel that future chances of promotion of the appellant have been marred and the amount spent by the appellant for going and coming to Kasauli has also not been granted.

7. We do not find any merit in any of these contentions raised by the learned counsel. The Honble Single Judge has accepted the total disability of the appellant at about 50%, has also accepted the expenses stated to have been incurred by him on his treatment as well as loss of pay during the said period. The Honble Single Judge has also taken into consideration the pain and suffering already undergone by the appellant and the fact that his serious disability would curtail his enjoyment of life and affect his day-to-day living, besides adversely affecting his career prospects. Taking an over-all view of the circumstances in the context of the injuries suffered by Dr. Harminder Singh he has been awarded a sum of Rs. 1,25,000/- as general damages under all these heads. A sum of Rs. 10000/- has also been awarded for special diet required by the appellant during the long period of hospitalisation. Loss of salary caused to the appellant on account of being hospitalisation and period of convalescence has also bee




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