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2023 Supreme(P&H) 1047

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Alka Sarin, J.
Jaswant Singh - Appellant - Appellant
Versus
Rachit Gulati and Others - Respondents - Respondent
FAO No.1187 of 2019 (O&M)
Decided On : 17-04-2023

Advocates appeared:
Mr. Ashwani Arora, Advocate for the appellant.
Mr. Vinod Chaudhri, Advocate for respondent No.3.

The court re-evaluated the compensation based on the claimant's injuries, medical expenses, loss of earning, future medical treatment, loss of prospective income, loss of amenities, and general damages, and enhanced the compensation awarded by the Tribunal.

Headnote:

Motor Accident - Compensation - Indian Penal Code, 1860 - Sections 279, 337, 338, 427 - The court discussed the quantum of compensation awarded by the Motor Accident Claims Tribunal and re-evaluated the compensation based on the claimant's injuries, medical expenses, loss of earning, future medical treatment, loss of prospective income, loss of amenities, and general damages.

Fact of the Case:

The claimant-appellant was injured in a road accident and sought compensation for injuries and medical expenses. The Tribunal awarded compensation, which the claimant found inadequate.

Finding of the Court:

The court re-evaluated the compensation based on the claimant's injuries, medical expenses, loss of earning, future medical treatment, loss of prospective income, loss of amenities, and general damages, and enhanced the compensation awarded by the Tribunal.

Issues: Quantum of compensation for injuries and medical expenses.

Ratio Decidendi: The court re-evaluated the compensation based on the claimant's injuries, medical expenses, loss of earning, future medical treatment, loss of prospective income, loss of amenities, and general damages, and enhanced the compensation awarded by the Tribunal.

Final Decision: The present appeal is allowed, and the award passed by the Tribunal is modified accordingly. Pending applications, if any, also stand disposed off. Appeal allowed.

ALKA SARIN, J.

1. The present appeal has been preferred by the injured claimant-appellant challenging the quantum of compensation awarded by the Motor Accident Claims Tribunal, Rupnagar (hereinafter referred to as the ‘Tribunal’) vide award dated 29.10.2018.

2. The claimant-appellant approached the Tribunal averring that on 05.06.2016 he was going from Anandpur Sahib to Nurpur Bedi and while driving his motorcycle bearing registration No.PB-12-K-7310, at a normal speed and on the correct side of the road, when he reached near village Singhpura, he stopped and parked his motorcycle on the extreme left side of the road for drinking sweet water from a Chhabeel. In the meantime, at about 01.30/02.00 p.m., a car bearing registration No.HP-36-A-9655, which was being driven in a rash and negligent manner by respondent No.1, came from Nurpur Bedi side at a very high speed without blowing any horn and struck against him. Due to the impact the claimant-appellant fell and received various injuries. The claimant-appellant further averred that he remained admitted in various hospitals for about a period of one year. FIR No.79 dated 12.08.2016 was also lodged under Sections 279, 337, 338 and 427 of the Indian Penal Code, 1860 at Police Station Nurpur Bedi. The claimant-appellant further stated that he is 30 years of age and was running a coaching centre and also doing tuition work.

3. The claim was contested by respondent Nos.1 and 2 by denying the factum of the accident. Further, it was denied that the claimant-appellant received any injuries or spent any amount on his treatment. Respondent No.3-Insurance Company also filed its written statement denying the factum of the accident. The Tribunal, on the basis of the evidence on the record, awarded the following compensation :

Sr. No.

Heads

Compensation Awarded

1

Injury and Pain

Rs.1,00,000/-

2

Medical expenses, treatment, hospitalization, transportation and Misc. expenses

Rs.5,82,208/-

3

Special Diet

Rs.50,000/-

4

Loss of earning during period of treatment

Rs.2,00,000/-

5

Future Medical Treatment

Rs.50,000/-

6

Loss of prospective income

Rs.1,54,000/-

7

Loss of amenities and general damages

Rs.50,000/-

 

Total compensation

Rs.11,86,208/-

 

Interest

7.5% per annum

4. Aggrieved by the quantum of compensation awarded, the present appeal has been preferred by the injured claimant-appellant.

5. During the pendency of the appeal, CM-6024-CII-2021 has been filed by the claimant-appellant for permission to lead additional evidence. The additional evidence now sought to be led is the disability certificate issued by the Medical Board, Government Medical College and Hospital, Sector 32, Chandigarh showing the disability of the claimant-appellant to being 51%. Learned counsel for respondent No.3-Insurance Company has stated that he does not wish to file any reply to the said application.

6. On merits, learned counsel for the claimant-appellant would contend that the compensation awarded is on the lower side. It is submitted that though the disability was assessed to the extent of 77% before the Tribunal, however, as per latest disability certificate, the disability of the claimant-appellant may be assessed as 51%. Learned counsel has contended that the claimant-appellant remained admitted in hospital for a period of almost a year and the compensation awarded under the various heads is on the lower side. It is further the contention that no amount has been awarded towards loss of future prospects nor any multiplier has been applied.

7. Per contra learned counsel for respondent No.3-Insurance Company has contended that the Tribunal had assessed the compensation taking the disability of the claimant-appellant as 77%, however, since the disability now stands reduced to 51%, the compensation awarded to the

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