FAO No.1799 of 1997 [1].IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1799 of 1997(O&M) Date of Decision: July 09, 2014.
Narender .....APPELLANT (s) Versus Mai Lal and others .....RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL Present: Mr.Ashish Gupta, Advocate for the appellant.
None for respondent No.1.
Mr.Ravi Dutt Sharma, AAG, Haryana for respondents No.2 and 3.
***** 1.
Whether reporters of local papers may be allowed to see the judgment?.
2.
To be referred to the reports or not?.
3.
Whether the judgment should be reported in the digest?.
***** LISA GILL, J.
The present appeal has been filed for the enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Narnaul (hereinafter referred to as, the 'Tribunal') to the appellant on account of the injuries sustained by him in an accident which occurred on 31.07.1996, vide award dated 25.03.1997.
Singh Omkar 2014.07.30 17:04 I attest to the accuracy and integrity of this document Chandigarh FAO No.1799 of 1997 [2].The appellant, who was aged 22 years at the time of accident, was driving his four wheeler (TATA407 bearing registration No.HR-46-2825 on 31.07.1996 and was proceeding from Narnaul towards village Norangabas.
In the area of village Nangal Sirohi, a Haryana Roadways bus bearing registration No.HR-46-0323 came from the opposite side being driven in a rash and negligent manner at a very high speed in a zig-zag manner.
On seeing the bus, the appellant took his four wheeler to the extreme left side but still the bus driver struck against his vehicle due to which the appellant suffered serious injuries i.e., a fracture of the right thigh and a compound fracture of right shaft femur.
He was operated upon both his legs.
A rod was inserted in his right leg.
He remained hospitalized from 31.07.1996 to 27.09.1996.
He was a driver by profession and earning `2,500/- per month.
The Tribunal awarded a sum of `1,25,000/- as a lump sum amount to compensate the claimant under pecuniary as well as non-pecuniary heads, which it had duly listed in para 15 of the award.
Learned counsel for the appellant submits that the Tribunal should have awarded the compensation under the various heads noted by it separately and the appellant is entitled to a much higher amount of compensation.
It is claimed that there is 100% loss of earning in this case and furthermore, no deductions should be made and he is entitled to a sum of `10,80,000/- as compensation on this account; `80,000/- on account of medical expenses; `1,00,000/- for pain and suffering; `2,00,000/- for loss of amenities; `6,000/- per month for recurring medical expenses and `20,000/- on account of transportation charges.
Singh Omkar 2014.07.30 17:04 I attest to the accuracy and integrity of this document Chandigarh FAO No.1799 of 1997 [3].The said claim has been vehemently opposed by the learned counsel for the respondents who states that there is nothing on record to justify the said enhancement and before the Tribunal, the appellant had claimed a compensation to the tune of `5,00,000/- only.
Even in the present grounds of appeal, it is the said amount of `5,00,000/- which has been claimed.
Having heard learned counsel for the parties and going through the available record I am of the considered view that the appellant is entitled to enhancement in the amount of compensation awarded to him though not to the extent which has been put forth in an extremely exaggerated manner and without being substantiated by the evidence on record.
It is relevant to note at this point that there is nothing on record to show that the appellant who has suffered a disability is unable to continue his vocation of a driver on account of the said injury or that the said injury has not healed.
There is no such averment or evidence to this effect as well.
The appellant is undoubtedly entitled to compensation on account of loss of earning capacity keeping in view the fact that as per Ex.P5, he has suffered permanent disability of 45% of the limb.
However, his loss of earning capacity cannot automatically be 45% as suggested by the learned counsel for the appellant.
It has been held by Hon'ble Supreme Court in Syed Sadiq etc.v.Divisional Manager, United India Insurance Company, 2014 (1) RCR (Civil) 765 that where the claimant suffers a disability as a result of injuries, the assessment of compensation under the head of loss of future earnings would depend upon the effect and impact of such permanent disability on his earning capacity.
It has further been observed that while determining the disability of the claimants in motor accidents cases, Singh Omkar 2014.07.30 17:04 I attest to the accuracy and integrity of this document Chandigarh FAO No.1799 of 1997 [4].this Court might be sensitive about the functional disability involved and nature of occupation.
It is clear that the impact and the effect of injuries on the earning capacity of the claimant has to be assessed in such a situation.
The functional disability is assessed at 15% to determine the loss of income.
Keeping in view his age i.e., 22 years at the time of accident, he is entitled to 50% increment in future prospect of the income based on the principle laid down by Hon'ble Supreme Court in the case of Santosh Devi v.
National Insurance Company LTD.and otheRs.(2012) 6 SCC421 As per the principles laid down in Smt.
Sarla Verma and others versus Delhi Transport Corporation and another, 2009 (3) RCR (Civil) 77 upheld in the judgment of Sayed Sadiq's case (supra).a multiplier of 18 is applicable.
The income of `2,500/- per month has not been disputed.
Therefore, the amount of compensation on this account comes to a sum of `1,21,500/- [(2500x15/100+500/100x15/100x2500)x12x18].on account of loss of future income.
The appellant has produced medical bills for a sum of `18,898.62p.
There is no averment or any evidence to show that there would be recurrent medical expenses as has been alleged by the appellant.
Therefore, his claim of `80,000/- on this account is not called for.
Compensation on account of medical expenses is assessed as `25,000/- keeping in view the fact that at times all the vouchers/receipts/bills are not always retained.
He is also entitled to actual loss of income for four months as he was admittedly hospitalized from 31.07.1996 to 27.09.1996 and it is reasonable to take about another two months for the appellant to return to his vocation.
Singh Omkar 2014.07.30 17:04 I attest to the accuracy and integrity of this document Chandigarh FAO No.1799 of 1997 [5].Keeping in view the fact that the appellant was only 22 years of age at the time of accident, his future prospects for marriage etc.would definitely lead to loss of amenities and enjoyment.
The compensation to which the appellant is entitled is assessed as under:- 1.
Loss of earning capacity : 1,21,500 2.
Actual loss of income for four months : 10,000 3.
Actual medical expenses : 25,000 4.
Transportation and attended charges : 10,000 5.
Pain and suffering : 50,000 6.
Loss of future prospects and amenities : 50,000 Total : 2,66,500 The amount of `1,25,000/- already awarded by the Tribunal is to be deducted from `2,66,500/-.
The appellant is, thus, entitled to an additional amount of `1,41,500/- alongwith interest at the rate of 7% from the date of filing of the petition till realization.
No other point was urged.
In view of the above, the appeal filed by the claimant is partly allowed in the abovesaid terMs.( LISA GILL ) July 09, 2014.
JUDGE ‘om’ Singh Omkar 2014.07.30 17:04 I attest to the accuracy and integrity of this document Chandigarh