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IN THE HIGH COURT OF PUNJA IN TH ARH AT CHANDIGARH UNJAB & HARYANA 219 FAO-91-2002 (O&M) Date of decision:08.12.2025 -1- Fajrudin @ Fajr ajru (deceased) through legal repre l representatives Uma Dutt and O t and Others versus ...Appellant ...Respondents CORAM: HON : HON'BLE MR. JUSTICE PARMO ARMOD GOYAL Present: Mr. Mr. Kunal Phogat, Advocate for appellant. for ap Mayank Mathur, Advocate Mr. for respondent No.3. for re *** PARMOD GO D GOYAL, J. (ORAL) In present case, appellant-claimant In pre
Legal Reasoning
is aggrieved by award dated 03.10.2001 pa passed by Motor Accident Cl nt Claims Tribunal, Gurgaon, (hereinafter ref ter referred to as ‘Tribunal’) whereb whereby injured (now deceased) was granted com ted compensation of Rs.34,000/-on acc on account of injuries suffered by him in accident cident dated 28.12.1999. 2. Case ase of appellant-claimant is that that injured was an agriculturist working as a tr as a tractor driver and had suffered ered injuries in an accident while going to Ramga Ramgarh from Deoha in a jeep. On 28 On 28.12.1999 at about 7.30 a.m. when the jeep o jeep of injured reached near village N lage Nimali on Alwar-Delhi road, a Tata 407 bear 7 bearing registration No.RJ 02 543 2 543 driven by respondent No.2 came from the f the front side in a rash and negligent gligent manner and struck against the jeep of injur f injured. On account of said hit the in t the injured with other occupants of the jeep suff suffered injuries. Injured received eived severe injuries on left hand and his 4th rib w rib was fractured, resulting into perm o permanent disability. SUNIL CHANDER 2025.12.11 16:21 I attest to the accuracy and integrity of this document FAO-91-2002 2 (O&M) -2- 3. Learned Tribunal has awarded comp Learn compensation of Rs.25,000/- on account of disa f disability suffered by injured and Rs.4,000/- towards pain and sufferings, Rs. , Rs. 3,000/- towards medical expen expenses and an amount of Rs. 2,000/- towards wards special diet, total amounting to ting to Rs. 34,000/- was awarded as compensatio nsation to injured/claimant u/s 166 of 166 of Motor Vehicles Act, 1988 on account of i nt of injuries caused to him in the ac the accident in question against respondent Nos nt Nos. 1 to 3. 4. Learned counsel for appellant-claim Learn claimant argued that learned Tribunal has f has failed to take into considerat sideration extent of permanent disability and ou and ought to have concluded 15% per % permanent disability and grant loss of income come on the basis of such computatio putation. Appellant-claimant also contended that d that injured was initially taken to en to Ramgarh hospital then to Alwar hospital, spital, wherein he remained admitted f itted for 3 to 4 days. Then he got treatment from from Bangs Bone hospital Alwar a lwar and then shifted to Harish Hospital at Alw at Alwar. Further he got treatment from nt from Jaipur. 5. On co consideration, I find merit in the in the case of appellant-claimant. Learned Tribun ribunal ought to have considered func functional permanent disability to find out loss ut loss of income, however, no such e such effort was made in present case. Appellant pellant-claimant has claimed to be a an agriculturist, that he was earning Rs.4,00 s.4,000/- per month and claimed that d that he is unable to drive after he suffered disa d disability due to the accident. Howe owever, no evidence was led to prove income of appellant-claimant. In fact, th there is no material available on record to con to conclude that appellant-claimant was owning a tractor except for his oral asse al assertions. 6. Under these circumstances, when Unde when no evidence was led by SUNIL CHANDER 2025.12.11 16:21 I attest to the accuracy and integrity of this document FAO-91-2002 2 (O&M) -3- appellant-claim claimant to prove his income from ple pleaded vocation, it would be appropriate to te to take income of appellant-claim claimant to be Rs.1,851/- per month, minimu inimum wages payable to an unskill nskilled worker in view of oral assertions made made by appellant-claimant that he w t he was doing agriculture work. 7. PW1 1-Dr. Akhlaq Ahmad, wh who had examined the injured/claiman aimant as a member of board consis consisting of Dr. Mohd. Farrukh and Dr. N. Sin N. Singh, had issued disability certif certificate and had proved that injured had s had suffered disability and found found moderate restriction of movement in h t in his left shoulder to the extent extent of 15%. This shows that injured would f ould face difficulty in driving. Accord Accordingly, functional disability qua whole bod le body resulting in loss of income come is taken as 10%. Loss of income which which appellant-claimant had suffe suffered on monthly basis is accordingly tak taken as Rs.185/- per month. Appe . Appellant-claimant shall also be entitled to futu o future prospects to the extent of nt of 25% being 45 years old. Multiplier of 1 r of 14 is applicable as injured was ed was 45 years at the time of accident. Appel Appellant-claimant has already been been awarded Rs.25,000/-by the learned Tribuna ribunal on account of disability, th therefore appellant shall be entitled to enha o enhanced compensation of Rs.13,8 .13,808/-under the head loss of income due to p . ue to permanent functional disability. 8. Appellant-claimant was granted co Appe ted compensation of Rs.4,000/- towards pain pain and sufferings, however, kee r, keeping in view permanent disability, the , the compensation granted under the the head pain and sufferings needs to be enh enhanced and accordingly same is ame is enhanced to Rs. 10,000/-. Appellant-claim claimant shall also be entitled to to Rs.5,000/- under the head special diet, tran transportation etc., which shall inc all include loss of income during medical treatme treatment. Appellant shall also be en be entitled to compensation for SUNIL CHANDER 2025.12.11 16:21 I attest to the accuracy and integrity of this document FAO-91-2002 2 (O&M) -4- future loss of a s of amenities and future prospects q ects quantified at Rs.10,000/-. In absence of any of any evidence no compensation is is payable under head future medical expense xpenses. 9. Accordingly, Accor the re-worked com compensation to which the appellant-claim claimant is entitled to as under:- Income In 10% functional 10% f disability disa uture Prospects Future Multiplier Mu tal loss of income Total los ue to permanent due to p disability disa ain and sufferings Pain and pecial diet, Spec ansportation and transpor loss of income loss o during uring treatment Medica Medical charges Loss of future Loss amenities and amen prospects pro tal Compensation Total Co warded in appeal awarded tal Compensation Total Co awarded by the award Tribunal Tri hanced amount of Enhanced compensation comp - Rs.1,851/- minimum per month(minim yable to wages payable person) unskilled perso 10/100 1851X10/100 25% (185+46) 14 Rs.231X14X1 X12 Rs1,851/- per month Rs.185/- Rs.231/- 14 Rs.38,808/- - Rs.4,000 /- - Rs. 2,000/- Rs. 10,000/- Rs. 5,000/- - Rs. 3,000/- - Rs.34,000/- Rs. 66,808/-(awar (awarded - in appeal)- (awarded Rs.34,000/-(awar bunal) by Tribunal) Rs. 3,000/- Rs.10,000/- Rs. 66,808/- Rs.32,808/- 10. The claim petition is accordingly, The c
Legal Reasoning
allowed in the above terms. Appellant-claim claimant shall also be entitled to inte to interest at the rate of 7.5% per annum on enhan enhanced compensation so awarded f arded from date of filing of claim petition till rea ill realization. The apportionment an ent and liability of respondents SUNIL CHANDER 2025.12.11 16:21 I attest to the accuracy and integrity of this document FAO-91-2002 2 (O&M) -5- shall be as per s per the award. The awarded amoun amount shall be deposited within six weeks from from the date of this order. 11. Pending application(s), if any, stand(s Pendi tand(s) cancelled. 09.12.2025 Sunil Chander Whethe Whethe ether speaking/reasoned ether reportable : : Yes/No Yes/No (PARMOD GOYAL) JUDGE SUNIL CHANDER 2025.12.11 16:21 I attest to the accuracy and integrity of this document