Judgment:
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2761 of 1996 (O&M) Date of decision:30.06.2014 Tejinder Singh alias Shinda ... Appellant versus Roop Singh and another .... Respondents II. FAO No.2762 of 1996 (O&M) Manjit Singh alias Amarjit Singh ... Appellant versus Roop Singh and another .... Respondents III. FAO No.2763 of 1996 (O&M) Rachhpal Kaur and others ... Appellants versus Roop Singh and another .... Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Arun Bansal, Advocate, for the appellants. Mr. M.K. Garg, Advocate, for respondent No.1-owner and driver. Mr. Pradeep Kumar, Advocate, for respondent No.2. ---- Kumar Sanjeev 2014.07.01 13:01 I attest to the accuracy and integrity of this document FAO No.2761 of 1996 (O&M) -2- K.Kannan, J.
1. The appeal is for enhancement of compensation for injuries suffered by the person who is aged 22 years. He was said to be a driver by profession and there was proof of the fact that he was being paid `2,000/- per month as salary for running a taxi for a person who examined himself as his employer. The Tribunal did not, however, give any credence to the evidence but assessed a compensation of `1 lakh for the injuries suffered by him, keeping into account the medical expenses that have been taken proof to the extent of about `52,535/-. The mode of assessment of compensation is grossly inadequate and does not address all the requisite heads of claims that are required to be applied for determining compensation.
2. The Tribunal, while assessing the medical expenses, found that some of the bills have not been proved by the fact that the chemist had not been examined. The assessment to compensation by the Tribunal is a summary procedure and strict rule of evidence was not necessary especially when there was sufficient evidence to show that he was taking treatment for fairly a long period from October 1993 till February 1994. I, therefore, provide for loss of income for 6 months by taking the income to be `2,000/- per month. I will also provide for all the medical expenses which totalled up to `75,580/-. Considering the fact that he had fairly a long period of hospitalization, I will provide for attendant charges, special diet and Kumar Sanjeev 2014.07.01 13:01 I attest to the accuracy and integrity of this document FAO No.2761 of 1996 (O&M) -3- transportation. I have no means of assessing whether by virtue of the disability suggested, he cannot work as a driver in future. Such an evidence ought to have been made available through the doctor regarding how the injury could impact his earning skills. I do not provide for loss of earning capacity under the said head but I make provision of lack of amenities in life for the rest of his life. I rework the compensation and tabulate the various heads of claims as under:- Date of accident:
19. 10.1993 Tejinder Singh Age:
22. years Period of hospitalization:
2. months Occupation & income : Driver - `2,000/- per month Heads of Claim Tribunal High Court Sr. No.Amount ` Amount ` 1. Loss of income from to 12,000 2. Medical expenses: i) Medicines 52,535 75,580 ii) Hospital charges iii) Attendant charges 3,000 iv Special diet 3,000 v Transportation 7,000 3. Pain & suffering 25,000 4. Disability 40% 5. Loss of earning capacity 10% i) Income ii) Multiplier iii) loss of earning capacity 6. Loss of amenities 50,000 7. Reduction in life expectancy 8. Loss of prospect of marriage Total 1,00,000 1,75,580 There shall be an award of `1,75,580/- and the additional amount of compensation secured through this award will attract interest at 7.5% per annum from the date of petition till date of payment. The Kumar Sanjeev 2014.07.01 13:01 I attest to the accuracy and integrity of this document FAO No.2761 of 1996 (O&M) -4- liability shall be in the same manner as assessed already by the Tribunal.
3. The award stands modified and the appeal in FAO No.2761 of 1996 is allowed to the above extent. II. FAO No.2762 of 1996 4. The appeal is connected to FAO No.2761 of 1996 in the sense that the accident was the same and he was another person who was injured in the said accident. The Tribunal had assessed the compensation at `75,000/- at lumpsum without addressing the heads of claims as required under law. The approach of the Tribunal is grossly deficient. Before the Tribunal, the evidence was that the claimant had suffered fracture of both bones of the right forearm and had fracture of the condylar joint and also fracture of the leg. The disability was assessed at 40%. He had fairly a long spell of hospitalization for over two months and he was said to have lost the income from agricultural and dairy farming. He was 44 years of age and had an income of `6,000/-. I will take the loss of income at `15,000/- for the period when he was hospitalized and when he would have been convalescing. The medical bills had shown an expenditure of `19,439/- by way of hospital charges and he had also produced medical bills to the tune of `9,626/- which the Tribunal has accepted. I find the evidence to be appropriate and I will take the expenses borne through the bills at `30,000/-. I will also provide Kumar Sanjeev 2014.07.01 13:01 I attest to the accuracy and integrity of this document FAO No.2761 of 1996 (O&M) -5- for attendant charges, special diet and transportation and reassess the compensation. There is no scope for knowing whether the disability had caused any loss of earning capacity. There ought to have been medical evidence to support such a claim if the petitioner was making a claim of future loss of earning as well. I do not make any assessment under the said head. I tabulate the various heads of claims as under:- Date of accident: Manjit Singh Age:
35. years Period of hospitalization: more than 2 months Occupation & income : Agriculture and dairy farming -` 6,000/- per month Heads of Claim Tribunal High Court Sr. No.Amount ` Amount ` 1. Loss of income from to 15,000 2. Medical expenses: i) Medicines 30,000 ii) Hospital charges iii) Attendant charges 3,000 iv Special diet 3,000 v Transportation 5,000 3. Pain & suffering 30,000 4. Disability 40% 40% 5. Loss of earning capacity i) Income ii) Multiplier iii) loss of earning capacity 6. Loss of amenities 40,000 7. Reduction in life expectancy 8. Loss of prospect of marriage Total 75,000 1,26,000 There shall be an award of `1,26,000/- and the additional amount of compensation secured through this award will attract interest at 7.5% per annum from the date of petition till date of payment. The Kumar Sanjeev 2014.07.01 13:01 I attest to the accuracy and integrity of this document FAO No.2761 of 1996 (O&M) -6- liability shall be in the same manner as determined already by the Tribunal.
5. The award stands modified and the appeal in FAO No.2762 of 1996 is allowed to the above extent. III. FAO No.2763 of 1996 6. The appeal in FAO No.2763 of 1996 is another claim arising out of the same accident, the case was of a death of a person who was 40 years of age. He was also said to be an agriculturist and also doing dairy farming. The claimants were widow, one major and 4 minor children and father. I take the average income at `24,000/- per year and also provide for a prospect of increase of his income to agriculture. I will take 1/5th deduction for personal expenses and would also provide for loss of consortium and loss of love and affection for the children under some of the recent decisions of the Supreme Court and rework the compensation under various heads of claims and tabulate them as under:- Accident 19.10.1993 Ajmer Singh Age 40 years Occupation Dairy farming and agricultural - ` 6,000/- per month Claimants Widow, 1 major-4 minor children and father Heads of claim Tribunal High Court Sr. No.Amount (`) Amount (`) 1. Income 24,000 24,000 2. Add,% of increase 30%/50% 36,000 3. Deduction ½, 1/3, ¼, 1/5 28,800 4. Multiplicand 28,800 5. Multiplier 13 15 6. Loss of dependence 2,08,000 4,32,000 Kumar Sanjeev 2014.07.01 13:01 I attest to the accuracy and integrity of this document FAO No.2761 of 1996 (O&M) -7- 7. Medical expenses 8. Loss of consortium 1,00,000 9. Loss of love and affection 2,50,000 10. Loss to estate 2,500 11. Funeral expenses 5,000 Total 2,08,000 7,89,500 There shall be an award of `7,89,500/-. The amount shall be distributed in such a way that the widow and children take twice as much as the father of the deceased. The additional amount of compensation shall attract interest at 7.5% per annum from the date of petition till date of payment. The liability shall be in the same manner as assessed by the Tribunal.
7. The award stands modified and the appeal in FAO No.2763 of 1996 is allowed to the above extent. (K.KANNAN) JUDGE3006.2014 sanjeev Kumar Sanjeev 2014.07.01 13:01 I attest to the accuracy and integrity of this document