Judgment:
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.22 of 2000 (O&M) Date of decision:30.06.2014 Shallu Gupta ... Appellant versus Sukhdev Wadhera and others .... Respondents II. FAO No.23 of 2000 (O&M) Smt. Indu Gupta ... Appellant versus Sukhdev Wadhera and others .... Respondents III. FAO No.79 of 2000 (O&M) Indu Gupta and others ... Appellants versus Sukhdev Wadhera and others .... Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. J.P. Rana, Advocate, for Mr. Sanjeev Bansal, Advocate, for the appellants. Mr. Suvir Dewan, Advocate, for National Insurance Company Limited. ---- Kumar Sanjeev 2014.07.02 10:47 I attest to the accuracy and integrity of this document FAO No.22 of 2000 (O&M) -2- K.Kannan, J.
1. All the three appeals are connected. and they relate to compensation for two of the injured persons and for claim as heirs to the deceased male where the injured persons themselves figured as claimants in another capacity. The accident took place on 11.09.1994. The subject matter of appeals in FAO Nos.22 and 23 of 2000 are for injuries and and the other appeal in FAO No.79 of 2000 is for death. They were members of the same family. The deceased was a male, aged 49 years and he was Chief Medical Officer.
2. The appeal in FAO No.22 of 2000 is as regards to claim for compensation for Shallu Gupta, who was 22 years of age. She was undergoing internship in Dental College, drawing `1,200/- per month as stipend. She had been under a fairly long spell of hospitalization and the initial spell was for a period of two weeks. She had lacerated wound beneath the upper lip with oedema, small superficial wounds with glass piece marks on the face and abrasions on the head. There had been a brain injury that had impaired her speech. The disability was assessed at 50%. The Tribunal assessed a compensation of `1,87,000/-.
3. I think the assessment to compensation is grossly inadequate. In this case, the injury was so serious that 14 doctors had been examined and cogent reading of all the evidence showed that she suffered hemiparesis. That would mean that even apart from Kumar Sanjeev 2014.07.02 10:47 I attest to the accuracy and integrity of this document FAO No.22 of 2000 (O&M) -3- impairment in speech, there was paralysis of one side of the body and she had a diminished sensation of one side. She was a young girl of 22 years, who had a bright medical career ahead and, therefore, I think the appropriate compensation must be to provide for reasonable sum towards pain and suffering, loss of earning capacity as well as to amenities in life and loss of prospect of marriage. I take 50% disability to have resulted also in 50% loss of earning capacity. I take the average income of what she would have earned at `4,000/- and proceed to determine compensation on that basis. The various heads of claims are tabulated as under:- Date of accident:
11. 09.1994 Shallu Gupta Age:
22. years Period of hospitalization:
11. 10.1994 to 24.10.1994 Occupation & income : Internship in Dental College - `1,299/- per month Heads of Claim Tribunal High Court Sr. No.Amount ` Amount ` 1. Loss of income from to 14,400 14,400 2. Medical expenses: i) Medicines 75,000 ii) Hospital charges iii) Attendant charges iv Special diet 15,000 v Transportation 3. Pain & suffering 1,00,000 4. Disability 50% 5. Loss of earning capacity 50% i) Income 4,000 ii) Multiplier 18 iii) 50% loss of earning capacity 4,32,000 6. Loss of amenities 1,00,000 1,00,000 7. Reduction in life expectancy 8. Loss of prospect of marriage 25,000 Total 1,87,000 7,61,400 Kumar Sanjeev 2014.07.02 10:47 I attest to the accuracy and integrity of this document FAO No.22 of 2000 (O&M) -4- There shall be an award of `7,61,400/- 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.
4. The award stands modified and the appeal in FAO No.22 of 2000 is allowed to the above extent.
5. The appeal in FAO No.23 of 2000 is for enhancement of compensation for injuries suffered by Indu Gupta, who was the wife of the deceased and mother of the claimant in FAO No.22 of 2000. She was 44 years of age and she had been hospitalized from 11.09.1994 to 07.10.1994. She had a “close fracture of short femur at the middle, distal thrift bilaterally on both sides and lacerated wound on the frontal aspect above the hair line”. (sic). The fractures were sought to be reduced through implant and the doctor assessed the disability as 34%. The Tribunal had provided for compensation of `1,97,672/-. In the manner of assessment, the Tribunal had provided for the disability as also resulting in loss of earning capacity and has applied the multiplier theory to assess `1,04,400/- as going towards loss of earning capacity as well as loss of amenities. I make it up under two different heads taking the services of the lady to the family members at `75,000/- and provide for loss of amenities for 35% at `35,000/-. The various heads of claims are tabulated as under:- Date of accident:
11. 09.1994 Indu Gupta Age:
44. years Kumar Sanjeev 2014.07.02 10:47 I attest to the accuracy and integrity of this document FAO No.22 of 2000 (O&M) -5- Period of hospitalization:
11. 09.1994 to 07.10.1994 Occupation & income : Heads of Claim Tribunal High Court Sr. No.Amount ` Amount ` 1. Loss of income from to 70,762 70,762 2. Medical expenses: i) Medicines ii) Hospital charges iii) Attendant charges 3,000 3,000 iv Special diet 3,000 v Transportation 2,000 3. Pain & suffering 20,000 35,000 4. Disability 34% 5. Loss of earning capacity i) Income 2,000 ii) Multiplier 13 iii) loss of earning capacity 75,000 6. Loss of amenities 35,000 7. Reduction in life expectancy 8. Loss of prospect of marriage Total 1,97,672 2,23,762 There shall be an award of `2,23,762/- 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 liability shall be in the same manner as determined by the Tribunal.
6. The award stands modified and the appeal in FAO No.23 of 2000 is allowed to the above extent.
7. The appeal in FAO No.79 of 2000 is for death of a male- Hari Chand Gupta, aged 49 years. In the manner of assessment to compensation, the Tribunal found an amount of `10,82,500/- was the amount payable but since the claim had been for `10 lakhs, it granted `10 lakhs. The appeal is filed on the ground that the claim Kumar Sanjeev 2014.07.02 10:47 I attest to the accuracy and integrity of this document FAO No.22 of 2000 (O&M) -6- had been wrongly made to a lesser amount than what they were entitled to and seek for determination as just compensation invoking the powers of the court to grant higher compensation than what is asked for, if there had been a mistake in the claim and justice would require higher assessment to be made.
8. I take the proposition of law as fully established that the courts had powers to assess higher compensation, if there is an unintended error in making a claim less than what a person was entitled to. The deceased was a Chief Medical Officer, Incharge in Government Hospital, drawing `12,395/- per month. I provide for a prospect of increase considering the fact that he was less than 50 years of age and provide for 15% reduction by way of tax and rework the compensation and tabulate the various heads of claims as under:- Accident 11.09.1994 Hari Chand Gupta Age 49 years Occupation CMO Incharge - `12,395/- per month Claimants Heads of claim Tribunal High Court Sr. No.Amount (`) Amount (`) 1. Income 12,395 2. Add,% of increase 30% 16,113.50 less 15% tax=13,696.47 3. Deduction ½, 1/3, ¼, 1/5 1/3 9,130.98 4. Multiplicand 1,09,571.80 5. Multiplier 16 13 6. Loss of dependence 10,82,500 14,24,433 7. Medical expenses 8. Loss of consortium 1,00,000 9. Loss of love and affection 10. Loss to estate 5,000 Kumar Sanjeev 2014.07.02 10:47 I attest to the accuracy and integrity of this document FAO No.22 of 2000 (O&M) -7- 11. Funeral expenses 10,000 Total 10,00,000 15,39,433 I have provided for loss of consortium to the wife and I have not separately provided for loss of love and affection for the two children since both the them appeared to be major. There shall be an award of `15,39,433/- 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 liability shall be in the same manner as determined by the Tribunal.
9. The award stands modified and the appeal in FAO No.79 of 2000 is allowed to the above extent. (K.KANNAN) JUDGE3006.2014 sanjeev Kumar Sanjeev 2014.07.02 10:47 I attest to the accuracy and integrity of this document