Present: Mr. Madan Lal Advocate Vs. Daljinder Singh and Another - Court Judgment

SooperKanoon Citationsooperkanoon.com/1153074
CourtPunjab and Haryana High Court
Decided OnJun-30-2014
AppellantPresent: Mr. Madan Lal Advocate
RespondentDaljinder Singh and Another
Excerpt:
in the high court of punjab and haryana at chandigarh fao no.772 of 2000 (o&m) date of decision:30.06.2014 gaurav ... appellant versus daljinder singh and another .... respondents coram: hon’ble mr. justice k. kannan ---- present: mr. madan lal, advocate, for mr. raman mahajan, advocate, for the appellant. mr. neeraj khanna, advocate, for respondent no.2-insurance company. ---- 1. whether reporters of local papers may be allowed to see the judgment ?. no.2. to be referred to the reporters or not ?. no.3. whether the judgment should be reported in the digest ?.no.---- k.kannan, j.1. the appeal is for enhancement of claim for compensation for injuries suffered in a motor accident by a 15 years old boy. the accident took place on 15.02.1995. before the trial, he had been examined by a medical board constituted by pgimer, chandigarh, which had assessed the petitioner/claimant to be a case of head injury leading to left hemipaeresis and he had broad based gait right sided, right sided tremor in upper limbs and third nerve kumar sanjeev 2014.06.30 15:38 i attest to the accuracy and integrity of this document fao no.772 of 2000 (o&m) -2- palsy. he had decreased iq and had below average memory. he was assessed physically handicapped and has 100% impairment in relation to his whole body.2. it is truly difficult for a person who is young who must have lost all the amenities of life and has to live through rest of his life in a state of dependence,. the tribunal took the likely annual income at `36,000/- and assessed the compensation at `8,68,000/-.3. though the petitioner had taken treatment for about a month, the actual medical expenses incurred by him had not been produced before the tribunal. it was stated on his behalf by his father that he had spent about `5 to `5.50 lakhs. the claimant was studying in 9th standard at the time of accident and he had dropped out of the school after the accident. in the absence of any documentary evidence regarding medical expenses, the tribunal has awarded `20,000/-. i have no better proof before this court and i retain the same. it was stated that he would require attendant for the rest of his wife at `1,000/- per month. i accord to him the said sum, apply a multiplier of 15, to take the attendant charges at `1,80,000/-. i would provide for `2 lakh for pain and suffering and ` 2 lakh towards loss of amenities. i retain `6,48,000/- as assessed by the tribunal for loss of earning capacity.4. i shall rework the compensation under various heads of claims and tabulate them as under:- kumar sanjeev 2014.06.30 15:38 i attest to the accuracy and integrity of this document fao no.772 of 2000 (o&m) -3- date of accident:15. 02.1995 gaurav age:15. years period of hospitalization: occupation & income : heads of claim tribunal high court sr. no.amount ` amount ` 1. loss of income from to 2. medical expenses:20. 000 i) medicines 20,000 ii) hospital charges iii) attendant charges 1,80,000 iv special diet 5,000 v transportation 5,000 3. pain & suffering 2,00,000 4. disability 5. loss of earning capacity i) income 36,000 ii) multiplier iii) loss of earning capacity 5,40,000 6. loss of amenities 2,00,000 7. reduction in life expectancy 8. loss of prospect of marriage 25,000 total 8,68,000 11,50,000 there shall be an award of `11,50,000/- and the additional amount secured through this award will attract interest at 9% per annum from the date of petition till date of payment. the liability shall be on the insurance company.5. i find from the records that the insurance company was approached by the claimant for settlement, but the insurance company would have shown no interest to respond to the initiative. i find the conduct of the insurer to be wholly deficient and i impose a cost of `15,000/- against the insurance company. kumar sanjeev 2014.06.30 15:38 i attest to the accuracy and integrity of this document fao no.772 of 2000 (o&m) -4- 6. the award stands modified and the appeal is allowed to the above extent. (k.kannan) judge3006.2014 sanjeev kumar sanjeev 2014.06.30 15:38 i attest to the accuracy and integrity of this document
Judgment:

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.772 of 2000 (O&M) Date of decision:30.06.2014 Gaurav ... Appellant versus Daljinder Singh and another .... Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Madan Lal, Advocate, for Mr. Raman Mahajan, Advocate, for the appellant. Mr. Neeraj Khanna, Advocate, for respondent No.2-Insurance Company. ---- 1. Whether reporters of local papers may be allowed to see the judgment ?. No.2. To be referred to the reporters or not ?. No.3. Whether the judgment should be reported in the digest ?.No.---- K.Kannan, J.

1. The appeal is for enhancement of claim for compensation for injuries suffered in a motor accident by a 15 years old boy. The accident took place on 15.02.1995. Before the trial, he had been examined by a Medical Board constituted by PGIMER, Chandigarh, which had assessed the petitioner/claimant to be a case of head injury leading to left hemipaeresis and he had broad based gait right sided, right sided tremor in upper limbs and third nerve Kumar Sanjeev 2014.06.30 15:38 I attest to the accuracy and integrity of this document FAO No.772 of 2000 (O&M) -2- palsy. He had decreased IQ and had below average memory. He was assessed physically handicapped and has 100% impairment in relation to his whole body.

2. It is truly difficult for a person who is young who must have lost all the amenities of life and has to live through rest of his life in a state of dependence,. The Tribunal took the likely annual income at `36,000/- and assessed the compensation at `8,68,000/-.

3. Though the petitioner had taken treatment for about a month, the actual medical expenses incurred by him had not been produced before the Tribunal. It was stated on his behalf by his father that he had spent about `5 to `5.50 lakhs. The claimant was studying in 9th standard at the time of accident and he had dropped out of the school after the accident. In the absence of any documentary evidence regarding medical expenses, the Tribunal has awarded `20,000/-. I have no better proof before this court and I retain the same. It was stated that he would require attendant for the rest of his wife at `1,000/- per month. I accord to him the said sum, apply a multiplier of 15, to take the attendant charges at `1,80,000/-. I would provide for `2 lakh for pain and suffering and ` 2 lakh towards loss of amenities. I retain `6,48,000/- as assessed by the Tribunal for loss of earning capacity.

4. I shall rework the compensation under various heads of claims and tabulate them as under:- Kumar Sanjeev 2014.06.30 15:38 I attest to the accuracy and integrity of this document FAO No.772 of 2000 (O&M) -3- Date of accident:

15. 02.1995 Gaurav Age:

15. years Period of hospitalization: Occupation & income : Heads of Claim Tribunal High Court Sr. No.Amount ` Amount ` 1. Loss of income from to 2. Medical expenses:

20. 000 i) Medicines 20,000 ii) Hospital charges iii) Attendant charges 1,80,000 iv Special diet 5,000 v Transportation 5,000 3. Pain & suffering 2,00,000 4. Disability 5. Loss of earning capacity i) Income 36,000 ii) Multiplier iii) loss of earning capacity 5,40,000 6. Loss of amenities 2,00,000 7. Reduction in life expectancy 8. Loss of prospect of marriage 25,000 Total 8,68,000 11,50,000 There shall be an award of `11,50,000/- and the additional amount secured through this award will attract interest at 9% per annum from the date of petition till date of payment. The liability shall be on the Insurance Company.

5. I find from the records that the Insurance Company was approached by the claimant for settlement, but the Insurance Company would have shown no interest to respond to the initiative. I find the conduct of the insurer to be wholly deficient and I impose a cost of `15,000/- against the Insurance Company. Kumar Sanjeev 2014.06.30 15:38 I attest to the accuracy and integrity of this document FAO No.772 of 2000 (O&M) -4- 6. The award stands modified and the appeal is allowed to the above extent. (K.KANNAN) JUDGE3006.2014 sanjeev Kumar Sanjeev 2014.06.30 15:38 I attest to the accuracy and integrity of this document