NAVJOT SINGH – Appellant
Versus
HARPREET SINGH – Respondent
C.A. No.-000278-000278 / 2020
13-01-2020
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL No.278 OF 2020
(arising out of Special Leave Petition (C) No.18049 of 2019)
NAVJOT SINGH
… APPELLANT(S)
Versus
HARPREET SINGH & ORS.
… RESPONDENT(S)
O R D E R
1.
Leave granted.
2.
Not satisfied with the enhancement granted by the High Court in an
appeal arising out of the award of the Motor Accident Claims Tribunal, the
claimant has come up with the above appeal.
3.
We have heard the learned counsel for the claimant and the learned
counsel for the Insurance Company.
4.
In a road traffic accident that occurred on 10.12.2013, the appellant
suffered multiple injuries, ultimately resulting in the amputation of his right
leg. Therefore, he filed a claim for compensation before the Motor Accident
Claims Tribunal, Patiala claiming a compensation of Rs.30,00,000/.
5.
By an award dated 13.07.2015, the Tribunal awarded a compensation
of Rs.5,62,000/ payable by the insurer together with interest @ 7.5 % per
annum.
6.
Claiming enhancement of compensation, the appellant filed an appeal
before the High Court of Punjab & Haryana at Chandigarh. The High Court
enhanced the compensation to Rs.14,66,800/, to be paid with interest @
Digitally signed by
SATISH KUMAR YADAV
Date: 2020.01.14
16:43:10 IST
Reason:
Signature Not Verified
2
6% per annum. Not satisfied with the said enhancement, the appellant is
before us.
7.
The main grievance of the appellant is about the compensation
awarded towards loss of future earnings on account of permanent disability
suffered by him. The claim of the appellant was that at the time of the
accident, he was 21 years of age pursuing a course in Food Technology in
SLIET and that he was also earning a sum of Rs.10,000/ by taking tuitions
for some students. The Tribunal disbelieved the claim of the appellant that
he was earning Rs.10,000/ per month by taking tuitions. The Tribunal
also refused to give any credence to the disability certificate filed as Exhibit
C35, on the ground that the Doctor who was examined as a witness to
prove the disability certificate, was not a member of the Committee which
issued the disability certificate. Therefore, all that the Tribunal awarded
was (i) a sum of Rs.4,52,000/ towards medical expenses; (ii) Rs.10,000/
towards attendant charges; (iii) Rs.50,000/ towards pain and suffering; and
(iv) Rs.50,000/ towards hospital charges and special diet, totaling into a
sum of Rs.5,62,000/.
8.
The High Court reversed the finding of the Tribunal with regard to the
disability certificate and held that the oral testimony of CW3, the Medical
Officer of the Civil Hospital, Rajpura cannot be totally discarded, as he was
able to identify the signatures of the members of the Committee which
issued the disability certificate Exhibit C35. The High Court also held that
the principles laid down by this Court in Raj Kumar Vs. Ajay Kumar &
3
Anr.1, for the determination of compensation in the case of
permanent/partial disablement have to be followed and that due to the
amputation of the right leg, the loss of future earnings should be assessed
by taking the loss of earning capacity to the extent of 40%. The High Court
fixed the notional monthly income of the appellant at Rs.5,000/ and
applied the parameters laid down in National Insurance Company
Limited Vs. Pranay Sethi & Ors.2 to come to the conclusion that an
increase of 40% should be provided towards future prospects. The High
Court also took the multiplier as 18 on the basis of the guidelines provided
in Sarla Verma & Ors. Vs. Delhi Transport Corporation & Anr.3
9.
Thus, the High Court arrived at an amount of Rs.6,04,800/ as
compensation for loss of future earnings on account of permanent
disability, the computation of which was as follows:
Sr. No.
Head
Amount
1.
Notional income per month
Rs.5000/
2.
40% increase towards fu
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