Gurpreet Singh & Anr. v. Amanjit Singh

Judgment

#1. 2009 has been filed by the driver and owner of FAO-3971-2009 has been filed by the driver and owner of the Maruti Car bearing registration No.PCR-2472, seeking dismissal of the Maruti Car bearing registration No.PCR the Maruti Car bearing registration No.PCR the claim petition filed on behalf of the injured-claimant. the claim petition filed on behalf of the injured the claim petition filed on behalf of the injured

1.1 FAO-515-2010 has been filed by the been filed by the injured-claimant, seeking enhancement of the compensation. seeking enhancement of the compensation. seeking enhancement of the compensation. 1 FAO-3971-2009 2009 2010 FAO-515-2010

1.2

Since both appeals are arising out of a common Award, as Since both appeals are arising out of a common Award, as such being taken up together for disposal. However, for brevity, facts being taken up together for disposal. However, for brevity, facts are being taken from FAO-3971-2009. are being taken from FAO

11.10.2005, Amanjit Singh was As per the brief facts, on 11.10.2005, Amanjit Singh was going from Guru Ka Lahore to Anandpur Sahib, on his Motorcycle going from Guru Ka Lahore to Anandpur Sahib, on his Motorcycle going from Guru Ka Lahore to Anandpur Sahib, on his Motorcycle Hero Honda Passion) bearing registration No.PB (Hero Honda Passion bearing registration No.PB-10-AS-3099. When he reached near Village Banni, a Maruti Car bearing registration he reached near Village Banni, a Maruti Car bearing registration he reached near Village Banni, a Maruti Car bearing registration 2472, which was being driven by its driver-Gurpreet Singh, 2472, which was being driven by its driver No.PCR-2472, which was being driven by its driver while coming from wrong side, struck against the motorcycle of the while coming from wrong side, struck against the motorcycle of the while coming from wrong side, struck against the motorcycle of the claimant. R . Resultantly, the occupant of the motorcycle of the motorcycle sustained various injuries.

2.1 Injured Amanjit Singh filed claim petition before the Injured Amanjit Singh filed claim petition before the Motor Accident Claims Tribunal, Rupnagar (hereinafter referred to as Motor Accident Claims Tribunal, Rupnagar (hereinafter referred to as Motor Accident Claims Tribunal, Rupnagar (hereinafter referred to as the Tribunal), which was allowed vide Award dated 01.05.2009 and a the Tribunal), which was allowed vide Award dated 01.05 the Tribunal), which was allowed vide Award dated 01.05 was awarded to him on account of the compensation of Rs.9,47,000/- was awarded to him on account of the compensation of Rs.9,47,000/ injuries sustained in the accident, whereas, the owner and driver of the injuries sustained in the accident, whereas, the owner and driver of the injuries sustained in the accident, whereas, the owner and driver of the car were held liable to satisfy the claim. car were held liable to satisfy the claim.

2.2 The Tribunal observed that there is no evidence that the The Tribunal observed that there is no evidence that the injured remained admitted in Gurdev Hospital, Ludhiana and Mata injured remained admitted in Gurdev Hospital, Ludhiana and Mata injured remained admitted in Gurdev Hospital, Ludhiana and Mata Nanki Charitable Hospital, Anandpur Sahib. The Tribunal awarded Nanki Charitable Hospital, Anandpur Sahib. The Tribunal awarded Nanki Charitable Hospital, Anandpur Sahib. The Tribunal awarded compensation by including the medical expenses incurred during compensation by including the medical expenses incurred during compensation by including the medical expenses incurred during hospitalization in CMC Hospital, Ludhiana. The Tribunal also hospitalization in CMC Hospital, Ludhiana. The Tribunal also hospitalization in CMC Hospital, Ludhiana. The Tribunal also bserved that right leg of the claimant was amputated and artificial observed that right leg of the claimant was amputated and artificial bserved that right leg of the claimant was amputated and artificial affixed. The Tribunal awarded compensation as per the limb was affixed. The Tribunal awarded compensation as per the limb was following bifurcation:- following bifurcation: 2 FAO-3971-2009 2009 2010 FAO-515-2010 Compensation Heads Compensation Heads Compensation Heads Compensation Heads Compensation Heads Compensation Heads Compensation Heads Compensation Heads Amount Awarded Amount Awarded Amount Awarded Amount Awarded Amount Awarded Amount Awarded Amount Awarded Amount Awarded Annual Income Annual Income - Rs.50,000/ Rs.50,000/- Functional disability @ 60% Functional disability @ 60% - Rs.30,000/ Rs.30,000/- (60% of Rs.50,000/-) Rs.50,000/ Multiplier (17) Multiplier (17) - Rs.5,10,000/ Rs.5,10,000/- (17 x Rs.30,000/-) (17 x Rs.30,000/ Loss of future income Loss of future income 5,10,000////---- ---- Rs.Rs.Rs.Rs.5,10,000 5,10,000 5,10,000 5,10,000 5,10,000 5,10,000 5,10,000 Artificial limb Artificial limb Rs.57,600/---- ---- Rs.57,600/ Rs.57,600/ Rs.57,600/ Rs.57,600/ Rs.57,600/ Rs.57,600/ Rs.57,600/ Medical Expenses Medical Expenses 3,40,636363636666////---- ---- Rs.Rs.Rs.Rs.3,40, 3,40, 3,40, 3,40, 3,40, 3,40, 3,40, Attendant Charges Attendant Charges 3,000/---- ---- Rs.Rs.Rs.Rs.3,000/ 3,000/ 3,000/ 3,000/ 3,000/ 3,000/ 3,000/ Special Diet Special Diet Rs.10,000/---- ---- Rs.10,000/ Rs.10,000/ Rs.10,000/ Rs.10,000/ Rs.10,000/ Rs.10,000/ Rs.10,000/ Pain and sufferings Pain and sufferings Rs.25,000/---- ---- Rs.25,000/ Rs.25,000/ Rs.25,000/ Rs.25,000/ Rs.25,000/ Rs.25,000/ Rs.25,000/ Total Total TotalTotal 9,46,236/36/36/36/---- ---- Rs.Rs.Rs.Rs.9,46,2 9,46,2 9,46,2 9,46,2 9,46,2 9,46,2 9,46,2 ((((Wrongly reflected as Wrongly reflected as Wrongly reflected as Wrongly reflected as Wrongly reflected as Wrongly reflected as Wrongly reflected as Wrongly reflected as in the Award Rs.9,46,999936/36/36/36/---- in the Award Rs.9,46, Rs.9,46, Rs.9,46, in the Award in the Award Rs.9,46, Rs.9,46, Rs.9,46, Rs.9,46, and rounded off to rounded off to rounded off to rounded off to rounded off to rounded off to rounded off to rounded off to 9,47,000////----)))) 9,47,000 9,47,000 Rs.Rs.Rs.Rs.9,47,000 9,47,000 9,47,000 9,47,000 9,47,000

2.3 Learned Tribunal further held that since the vehicle was Learned Tribunal further held that since the vehicle was not insured, as such, the driver and owner of the Car were liable to pay not insured, as such, the driver and owner of the not insured, as such, the driver and owner of the the compensation. the compensation.

2.4 Aggrieved by the Award passed by the Tribunal, the driver Aggrieved by the Award passed by the Tribunal, the driver and owner as well as the claimant are before this Court. and owner as well as the claimant are before this Court. and owner as well as the claimant are before this Court. LIABILITY LIABILITY LIABILITY LIABILITY LIABILITY LIABILITY LIABILITY LIABILITY

#3. Learned counsel for the appellants-driver and owner of the Learned counsel for the appellant Car contends that no accident took place involving the car in question Car contends that no accident took place involving the car in question Car contends that no accident took place involving the car in question no evidence on record to show that there was any rash and even there is no evidence on record to show that there was any rash and even there 3 FAO-3971-2009 2009 2010 FAO-515-2010 and negligent driving by the appellant to fix his liability to pay the and negligent driving by the appellant to fix his liability to pay the and negligent driving by the appellant to fix his liability to pay the compensation. compensation.

#4. Per contra, learned counsel for the injured , learned counsel for the injured-claimant contends that the question of liability has been considered and rightly contends that the question of liability has been considered and rightly contends that the question of liability has been considered and rightly decided against the driver and owner and there is no scope for decided against the driver and owner and there is no scope for decided against the driver and owner and there is no scope for interference in this regard. interference in this regard.

#6. I have considered the aforesaid submissions. I have considered the aforesaid There are specific pleadings by the claimant that he was There are specific pleadings by the claimant that he was going on a motorcycle at a slow speed and on the left side of the road, going on a motorcycle at a slow speed and on the left side of the road, going on a motorcycle at a slow speed and on the left side of the road, when in the area of Village Banni, he was hit by a Maruti Car coming when in the area of Village Banni, he was hit by a Maruti Car coming when in the area of Village Banni, he was hit by a Maruti Car coming n at a fast speed in a rash and from the opposite direction, being driven at a fast speed in a rash and from the opposite direction, being drive negligent manner by Gurpreet Singh. In this regard, the claimant has negligent manner by Gurpreet Singh. In this regard, the claimant has negligent manner by Gurpreet Singh. In this regard, the claimant has 2 and also stated so in his affidavit- himself appeared as PW-2 and also stated so in his affidavit himself appeared as PW 2/A. The claimant has named the driver examination-in-chief, Ex.PW-2/A. The claimant has named the driver examination cifically narrated the occurrence. Nothing in of the Car and he has specifically narrated the occurrence. Nothing in of the Car and he has spe examination of the witness could be indicated to impeach his the cross-examination of the witness could be indicated to impeach his examination of the witness could be indicated to impeach his credibility. Above all, the driver of the Car has not stepped into the credibility. Above all, the driver of the Car has not stepped into the credibility. Above all, the driver of the Car has not stepped into the box to contradict the statement of the claimant. Even an FIR box to contradict the statement of the claimant. Even an F witness-box to contradict the statement of the claimant. Even an F was registered against the driver regarding rash and negligent driving was registered against the driver regarding rash and negligent driving was registered against the driver regarding rash and negligent driving and in this regard, there is a specific statement of the claimant in his and in this regard, there is a specific statement of the claimant in his and in this regard, there is a specific statement of the claimant in his aforesaid affidavit. aforesaid affidavit.

#7. In view of the unimpeached testimony of the claimant, In view of the unimpeached testimony of the claimant, ents raised on behalf of the driver and there is no force in the arguments raised on behalf of the driver and there is no force in the argum owner regarding the question of liability, as such, the same are rejected. owner regarding the question of liability, as such, the same are rejected. owner regarding the question of liability, as such, the same are rejected. 4 FAO-3971-2009 2009 2010 FAO-515-2010 QUANTUM OF COMPENSATION QUANTUM OF COMPENSATION QUANTUM OF COMPENSATION QUANTUM OF COMPENSATION QUANTUM OF COMPENSATION QUANTUM OF COMPENSATION QUANTUM OF COMPENSATION QUANTUM OF COMPENSATION

#8. Learned counsel for the claimant contends that the injured Learned counsel for the claimant contends that the injured was 25 years of age at the time of the accident and he was unmarried. was 25 years of age at the time of the accident and h was 25 years of age at the time of the accident and h qualified person, possessing a Bachelor of Commerce He is a well-qualified person, possessing a Bachelor of Commerce He is a well Degree from Punjabi University, Patiala (Ex.P-225); Post Graduate Degree from Punjabi University, Patiala (Ex.P Degree from Punjabi University, Patiala (Ex.P Diploma Diploma Diploma in Computer Applications in Computer Applications in Computer Applications from Panjab University, from Panjab University, from Panjab University, Chandigarh (Ex.P-226); and Diploma in Fashion Desi Chandigarh (Ex.P 226); and Diploma in Fashion Designing from National Institute of Fashion Design, Mohali (Ex.P-229). He was National Institute of Fashion Design, Mohali (Ex.P National Institute of Fashion Design, Mohali (Ex.P running a boutique and also doing accountancy work. He suffered 60% running a boutique and also doing accountancy work. He suffered 60% running a boutique and also doing accountancy work. He suffered 60% In view of the above, the permanent disability permanent disability. In view of the above, the permanent disability permanent disability. should have been assessed as 100% as a young person has suffered should have been assessed as 100% as a should have been assessed as 100% as a on vital parts of the body. The Tribunal has also not injuries on vital parts of the body. The Tribunal has also not on vital parts of the body. The Tribunal has also not considered that the Artificial Limb requires periodic replacement; there considered that the Artificial Limb requires considered that the Artificial Limb requires was loss of marriage prospects, as such, the compensation awarded was loss of marriage prospects, as such, the compensation awarded was loss of marriage prospects, as such, the compensation awarded s is also on the lower side and deserves to under the conventional heads is also on the lower side and deserves to under the conventional head be enhanced. be enhanced.

#9. Per contra, learned counsel appearing on behalf of the learned counsel appearing on behalf of the driver and owner contends that there is no scope for enhancement. It is driver and owner contends that there is no scope for enhancement. driver and owner contends that there is no scope for enhancement. further contended that the functional disability should be treated as further contended that the functional disability should be further contended that the functional disability should be 50% instead of 60% as determined by the Tribunal. 50% instead of 60% as determined by the Tribunal. 50% instead of 60% as determined by the Tribunal.

#10. I have considered the aforesaid submissions and perused I have considered the aforesaid submissions and perused the record. the record. Functional Disability Functional Disability Functional Disability Functional Disability Functional Disability Functional Disability Functional Disability Functional Disability

#11. As per the evidence of injured-Amanjit Singh, PW-2/A, he As per the evidence of injured e was hit by the Car and he fell on the ground when his motorcycle was hit by the Car and he fell on the ground when 5 FAO-3971-2009 2009 2010 FAO-515-2010 sustained various injuries including injury on the leg. As per his sustained various injuries including injury on the leg. As per his sustained various injuries including injury on the leg. As per his version, he was taken to Gurdev Hospital, Ludhiana, where he version, he was taken to Gurdev Hospital, Ludhiana, where he version, he was taken to Gurdev Hospital, Ludhiana, where he remained admitted from 11.10.2005 to 14.10.2005. From there, he was remained admitted from 11.10.2005 to 14.10.2005. From there, he was remained admitted from 11.10.2005 to 14.10.2005. From there, he was taken to Christian Medical College & Hospital, Ludhiana taken to Christian Medical Col lege & Hospital, Ludhiana (CMC , where he Ludhiana), where he Ludhiana) remained admitted remained admitted from 15.10.2005 from 15.10.2005

06.12.2005. Dr. Thomas Bhanu, Department of Orthopedics, 06.12.2005 Bhanu, Department of Orthopedics, CMC has proved the medical evidence Ludhiana, while appearing as PW-1, has proved the medical evidence Ludhiana, while appearing as PW in the said hospital and stated regarding the admission of the injured in the said hospital and stated regarding the admission of the injured that the patient was operated upon 08 times including on 08.11.2005, that the patient was operated upon 08 times including on 08.11.2005, that the patient was operated upon 08 times including on 08.11.2005, when amputation of right leg below knee when amputation below knee was done. After discharge from the hospital on 06.12.2005, he was again admitted on 14.12.2005, from the hospital on 06.12.2005, he was again admitted on 14.12.2005 from the hospital on 06.12.2005, he was again admitted on 14.12.2005 whereas the thir d admission is on 21.06.2006. He also testified that the the third admission is on 21.06.2006. He also testified that the patient had undergone IMIL nailing (IMSC) and also undergone patient had undergone IMIL nailing (IMSC) and also undergone patient had undergone IMIL nailing (IMSC) and also undergone fasciotomy before admission to their hospital. As per him, the patient fasciotomy before admission to their hospital. As per him, the patient fasciotomy before admission to their hospital. As per him, the patient may require replacement of the artificial limb from time to time due to may require replacement of the artificial limb from time to time may require replacement of the artificial limb from time to time normal wear and tear. He also proved bills Ex.P normal wear and tear. He also proved bills Ex.P-1 to P-193.

11.1 Dr. Jagdeep Singh (PW-3) 3), Medical Officer, Civil Hospital, Sri Anandpur Sahib, was member of the Board of Doctor Hospital, Sri Anandpur Sahib, was member of the Board of Doctor Hospital, Sri Anandpur Sahib, was member of the Board of Doctor constituted to assess the disability of the claimant. As per his version, constituted to assess the disability of the claimant. As per his version, constituted to assess the disability of the claimant. As per his version, the right lower leg of the patient was amputated below knee and there the right lower leg of the patient was amputated below knee and there the right lower leg of the patient was amputated below knee and there ich is permanent in nature. The Disability was 60% disability, which is permanent in nature. The Disability was 60% disability, wh Certificate is proved as PW3/A. In the cross-examination, he has Certificate is proved as PW3/A. In the cross Certificate is proved as PW3/A. In the cross categorically stated that the injured cannot stand without crutches, categorically stated that the injured cannot stand without crutches, categorically stated that the injured cannot stand without crutches, though he was able to sit. though he was able to sit.

11.2 While determining such functional disability, reference While determining such functional disabili Saalibai Vs. can be made to the decision of the Hon’ble Apex Court in Saalibai Vs. can be made to the decision of the Hon’ble Apex Court in can be made to the decision of the Hon’ble Apex Court in Saalibai Vs. Saalibai Vs. 6 FAO-3971-2009 2009 2010 FAO-515-2010 The Divisional Manager, SLP (C) Nos.7667 The Divisional Manager, The Divisional Manager, The Divisional Manager, The Divisional Manager, The Divisional Manager, The Divisional Manager, The Divisional Manager, SLP (C) Nos.7667-7668 of 2023, decided on

11.02.2025, whereby, the following observations were made:- 11.02.2025, whereby, the following observations were made: 11.02.2025, whereby, the following observations were made: “10. Coming to the percentage of disability, t Coming to the percentage of disability, the certificate attached to Annexure P2 states that her injuries impair her routine attached to Annexure P2 states that her injuries impair her routine physical work. The disability had been assessed as 81% by the physical work. The disability had been assessed as 81% by the Tribunal, who considered it just and proper to take 1/3rd of this Tribunal, who considered it just and proper to take 1/3 percentage as loss of disability in paragraph 20 of the judgment. percentage as loss of disability in paragrap Considering the fact that the Claimant-Appellant is unable to carry Considering the fact that the Claimant out routine physical tasks, we assess her disability as 80%” out routine physical tasks, we assess her disability as 80%”

11.3 In the present case, there is no medical evidence that In the present case, there is no medical evidence that injured would be unable to perform any task. Keeping in view his injured would be unable to perform any t injured would be unable to perform any t As such, the functional disability education, he can perform desk job. As such, the functional disability education, he can perform desk job. assessed by the Tribunal to the extent of 60% is based on medical assessed by the Tribunal to the extent of 60% is based on medical assessed by the Tribunal to the extent of 60% is based on medical evidence and does not require any interference. evidence and does not require any interference. evidence and does not require any interference. Loss of future income on account of disabilityyyy Loss of future income on account of disabilit Loss of future income on account of disabilit Loss of future income on account of disabilit Loss of future income on account of disabilit Loss of future income on account of disabilit Loss of future income on account of disabilit Loss of future income on account of disabilit Loss of future income on account of disabilit Loss of future income on account of disabilit Loss of future income on account of disabilit Loss of future income on account of disabilit

#12. As per affidavit of the claimant of the claimant, he was doing accounts work, tuition work and was an agent for the work, tuition work and was an agent for the Post Office and LIC. He was also running a boutique at his residence. He used to earn was also running a boutique at his residence. He used to earn was also running a boutique at his residence. He used to earn per month. Learned Tribunal, while determining the Rs.10,000/- per month. Learned Tribunal, while determining the Rs.10,000/ relied upon the Income Tax Return income of the claimant, has rightly relied upon the Income Tax Return income of the claimant, has (Ex.P-241) proved by 241) proved by him, which shows his income as Rs.50810/ hows his income as Rs.50810/- per annum. However, the However, the Tribunal has deducted a sum of Rs.810/ Tribunal has deducted a sum of Rs.810/- as Income Tax and assessed the income of the claimant as Rs.50,000/- per Income Tax and assessed the income of the claimant as Rs.50,000/ Income Tax and assessed the income of the claimant as Rs.50,000/ , which is erroneous. As such, the income of the claimant is , which is erroneous. As such, the income of the annum, which is erroneous. As such, the income of the assessed as Rs.50,810/- per annum (rounded off to Rs.51,000/ assessed as Rs.50,810/ per annum (rounded off to Rs.51,000/- per annum or Rs.4250/ Considering the age of the claimant as or Rs.4250/- per month). Considering the age of the claimant as 7 FAO-3971-2009 2009 2010 FAO-515-2010 25 years at the time of the accident, multiplier of 18 instead of 17 25 years at the time of the accident, multiplier of 18 instead of 17 25 years at the time of the accident, multiplier of 18 instead of 17 should have been applied. Moreover, future prospects to the tune of should have been applied. Moreover, future prospects to the tune of should have been applied. Moreover, future prospects to the tune of are also admissible in this case. 40% are also admissible in this case. Loss of income during treatment Loss of income during treatment Loss of income during treatment Loss of income during treatment Loss of income during treatment Loss of income during treatment Loss of income during treatment Loss of income during treatment

#13. The injured remained hospitalized from 11.10.2005 to The injured remained hospitalized from 11.10.2005 to

14.10.2005 at Gurdev Hospital and from 15.10.2005 to 06.12.2005 at 14.10.2005 at Gurdev Hospital and from 15.10.2005 to 06.12.2005 at 14.10.2005 at Gurdev Hospital and from 15.10.2005 to 06.12.2005 at CMC Ludhiana. CMC Ludhiana. CMC Ludhiana. Thereafter, he was again admitted twice on Thereafter, he was Thereafter, he was

14.12.2005 and 21.06.2006 2005 and 21.06.2006 to 30.06.2006 to 30.06.2006 at CMC Ludhiana. The Final Diagnosis (Ex.P-237) is as under:- Final Diagnosis Post Fracture femur right side with femoral artery injury. “Final Diagnoses: Post Fracture femur right side with femoral artery injury. Post Fracture femur right side with femoral artery injury. “Final Diagnoses: Post IMIL nailing 12.10.05 (Outside) Post IMIL nailing 12.10.05 (Outside) Post fasciotomy 14.10.05 (Outside) Post fasciotomy 14.10.05 (Outside) B/K amputation right side 8.11.05 Post B/K amputation right side 8.11.05 Status partial STSG over B/K stump 28.11.05” Status partial STSG over B/K stump 28.11.05”

13.1 238, the injured was admitted on 21.06.2006, As per Ex.P-238, the injured was admitted on 21.06.2006, having Hemotoma, which was operated, wound was left open for having Hemotoma, which was operated, wound was left open for having Hemotoma, which was operated, wound was left open for dressings, scrial suturing was done in the Ward and the patient was dressings, scrial suturing was done in the Ward and dressings, scrial suturing was done in the Ward and discharged on 30.06.2006. discharged on 30.06.2006.

13.2 On the basis of the aforesaid evidence, it is concluded that On the basis of the aforesaid evidence, it is concluded that the injured was unable to work at least from 11.10.2005 to 30.06.2006, the injured was unable to work at least from 11.10.2005 to 30.06.2006, the injured was unable to work at least from 11.10.2005 to 30.06.2006, since he was repeatedly hospitalized during this period and was being since he was repeatedly hospitalized during this period and was being since he was repeatedly hospitalized during this period and was being ated for his leg injury, as such, loss of income during treatment is to treated for his leg injury, as such, loss of income during treatment is to ated for his leg injury, as such, loss of income during treatment is to be calculated for a period of 07 months. be calculated for a period of 07 months. 8 FAO-3971-2009 2009 2010 FAO-515-2010 Medical expenses Medical expenses Medical expenses Medical expenses Medical expenses Medical expenses Medical expenses Medical expenses

#14. The claimant is entitled to receive medical expenses of all The claimant is entitled to receive medical expenses of the bills proved by him as Ex.P-1 to P-218 the bills proved by him as Ex.P 218 since the deduction made by the Tribunal is erroneous in the light of the testimony of the Tribunal is erroneous in the light of the testimony of Dr. Thomas Bhanu, PW has categorically stated that the patient was , PW-1, who has categorically stated that the patient was operated twice from other hospitals, before being admitted to the CMC operated twice from other hospitals, before being admitted to the CMC operated twice from other hospitals, before being admitted to the CMC Ludhiana. Ludhiana. Other heads Other heads Other heads Other heads Other heads Other heads Other heads Other heads

#15. The claimant was a young man of 25 years at the time of The claimant was a young man of 25 years at the time of the accident. Due to the amputation of right leg below knee, his the accident. Due to the amputation of right leg below knee, his the accident. Due to the amputation of right leg below knee, his marriage prospects have been severely hampered. Therefore, the marriage prospects have been severely hampered. Therefore, the marriage prospects have been severely hampered. Therefore, the Loss of claimant deserves suitable compensation on account of Loss of claimant deserves suitable compensation on account of claimant deserves suitable compensation on account of Loss of Loss of He has also not been granted any amount towards prospects. He has also not been granted any amount towards marriage prospects. prospects. prospects. marriage prospects. prospects. prospects. prospects. marriage marriage ransportation. transportation ransportation ransportation ransportation ransportation ransportation ransportation The claimant is also entitled is also entitled for enhanced for enhanced pain and sufferings, and attendant charges, pain and sufferings compensation towards attendant charges attendant charges attendant charges compensation towards pain and sufferings pain and sufferings attendant charges attendant charges attendant charges attendant charges eplaced to be replaced cost of artificial limb to be r special diet. He is also entitled for cost of artificial limb cost of artificial limb cost of artificial limb special diet special diet special diet eplaced eplaced to be r to be r cost of artificial limb cost of artificial limb cost of artificial limb cost of artificial limb special diet special diet special diet special diet in future. in future in future in future . He has proved medical Bills, Ex.P medical Bills, Ex.P-211 & P-212, as per which the cost of artificial limb the cost of artificial limb is Rs.10,250/ is Rs.10,250/-. In view of future inflation, the average cost is taken as Rs.15,000/- and cost of four inflation, the average cost is taken as Rs.15,000/ inflation, the average cost is taken as Rs.15,000/ further replacements is awarded. further replacements is awarded. compensation: Reassessed compensation: Reassessed Reassessed Reassessed compensation: compensation: Reassessed Reassessed Reassessed Reassessed

#16. In view of the above discussion, the compensation is In view of the above discussion, the compensation is reworked as follows:- reworked as follows: 9 FAO-3971-2009 2009 2010 FAO-515-2010 Compensation Heads Compensation Heads Compensation Heads Compensation Heads Compensation Heads Compensation Heads Compensation Heads Compensation Heads Amount Awarded Amount Awarded Amount Awarded Amount Awarded Amount Awarded Amount Awarded Amount Awarded Amount Awarded Monthly Income Monthly Income - Rs.4,250 250/- Yearly Income Yearly Income - Rs.51,000/ Rs.51,000/- (4250 X 12) Future Prospects (Age is 25) Future Prospects (Age is - Rs.71,400/ Rs.71,400/- (51000 + 40%) Multiplier (18) Multiplier (18) - Rs.12,85,200/ Rs.12,85,200/- (71400 X 18) Disability (60%) Disability ( - Rs.7,71,120/ Rs.7,71,120/- (12,85,200 X 60%) (12,85,200 Loss of future income Loss of future income Rs.7,71,1,1,1, ---- Rs.7,7 Rs.7,7 Rs.7,7 1,1,1,1,111122220000////---- Loss of income during Loss of income during hospitalization/treatment hospitalization/treatment ---- Rs.Rs.Rs.Rs.29,750/ (4250 X 7) 29,750/---- (4250 X 7) 29,750/ 29,750/ (4250 X 7) (4250 X 7) 29,750/ 29,750/ 29,750/ 29,750/ Medical Expenses Medical Expenses ---- Rs.Rs.Rs.Rs.6,56,56,56,55555

879.50 5555,,,,879.50 879.50 879.50 Artificial Limb Artificial Limb Rs.57,600/---- ---- Rs.57,600/ Rs.57,600/ Rs.57,600/ Rs.57,600/ Rs.57,600/ Rs.57,600/ Rs.57,600/ Attendant Charges Attendant Charges (3000 X 7) Rs.21,000/---- (3000 X 7) ---- Rs.21,000/ Rs.21,000/ Rs.21,000/ (3000 X 7) (3000 X 7) Rs.21,000/ Rs.21,000/ Rs.21,000/ Rs.21,000/ Special Diet Special Diet Transportation Transportation 20,000////---- ---- Rs.Rs.Rs.Rs.20,000 20,000 20,000 20,000 20,000 20,000 20,000 Rs.15,000/---- ---- Rs.15,000/ Rs.15,000/ Rs.15,000/ Rs.15,000/ Rs.15,000/ Rs.15,000/ Rs.15,000/ Pain and Sufferings Pain and Sufferings ,00,000/---- ---- Rs.3Rs.3Rs.3Rs.3,00,000/ ,00,000/ ,00,000/ ,00,000/ ,00,000/ ,00,000/ ,00,000/ Loss of Marriage Prospects Loss of Marriage Prospects Rs.1,00,000/---- ---- Rs.1,00,000/ Rs.1,00,000/ Rs.1,00,000/ Rs.1,00,000/ Rs.1,00,000/ Rs.1,00,000/ Rs.1,00,000/ Cost of Cost of Artificial limb Artificial limb replacement of replacement of (15,000 X 4) Rs.60,000/---- (15,000 X 4) ---- Rs.60,000/ Rs.60,000/ Rs.60,000/ (15,000 X 4) (15,000 X 4) Rs.60,000/ Rs.60,000/ Rs.60,000/ Rs.60,000/ Total Total TotalTotal ---- Rs.Rs.Rs.Rs.20,20,20,20,3333 0,349.50 33330,349.50 0,349.50 0,349.50

#17. The amount in excess of the amount awarded by the The amount in excess of the amount awarded by the Tribunal shall attract interest @ 7.5% per annum from the date of filing Tribunal shall attract interest @ 7.5% per annum from the date of filing Tribunal shall attract interest @ 7.5% per annum from the date of filing of the claim petition till the realization of the entire amount. However, of the claim petition till the realization of the entire amount. However, of the claim petition till the realization of the entire amount. However, shall not be entitled to any interest for the period of delay the claimant shall not be entitled to any interest for the period of delay the claiman in filing the main appeal. in filing the main appeal.

#18. In view of the decision by the Hon’ble Supreme Court in In view of the decision by the Hon’ble Supreme Court in Parminder Singh vs. Honey Goyal & Ors., 2025 INSC 361, after Parminder Singh vs. Honey Goyal & Ors., 2025 INSC 361, Parminder Singh vs. Honey Goyal & Ors., 2025 INSC 361, Parminder Singh vs. Honey Goyal & Ors., 2025 INSC 361, Parminder Singh vs. Honey Goyal & Ors., 2025 INSC 361, Parminder Singh vs. Honey Goyal & Ors., 2025 INSC 361, Parminder Singh vs. Honey Goyal & Ors., 2025 INSC 361, Parminder Singh vs. Honey Goyal & Ors., 2025 INSC 361, Parminder Singh vs. Honey Goyal & Ors., 2025 INSC 361, Parminder Singh vs. Honey Goyal & Ors., 2025 INSC 361, Parminder Singh vs. Honey Goyal & Ors., 2025 INSC 361, Parminder Singh vs. Honey Goyal & Ors., 2025 INSC 361, calculation of the enhanced amount, the same shall be transferred by calculation of the enhanced amount, the same shall be transferred by calculation of the enhanced amount, the same shall be transferred by 10 FAO-3971-2009 2009 2010 FAO-515-2010 in the Bank Account of the claimant within a the driver and owner in the Bank Account of the claimant within a the driver and owner period of 06 weeks from today. The particulars of the bank account period of 06 weeks from today. The particulars of the bank account period of 06 weeks from today. The particulars of the bank account along with the requisite documents in support thereof shall be furnished along with the requisite documents in support t along with the requisite documents in support t within a period of two weeks by the claimant to the owner and driver within a period of two weeks by the claimant to from today and needful shall be done by owner and driver after from today and needful shall be done by from today and needful shall be done by verification thereof within a period of four weeks thereafter along with verification thereof within a period of four weeks thereafter along with verification thereof within a period of four weeks thereafter along with up-to-date interest. The compliance shall be reported by the Bank to the date interest. The compliance shall be reported by the Bank to the Tribunal concerned. Tribunal concerned.

#19. In view of the above discussion, appeal filed by the owner In view of the above discussion, and driving (FAO-3971-2009) is dismissed, whereas, and driving (FAO 2009) is dismissed, whereas, appeal filed by the claimant (FAO-515-2010) is partly allowed the claimant (FAO partly allowed with consequential enhancement of compensation as aforesaid and the Award passed by enhancement of compensation as aforesaid enhancement of compensation as aforesaid the Tribunal is modified accordingly. the Tribunal is modified accordingly.

#20. Pending application(s), if any, along with the IOIN, stand Pending application(s), if any, disposed of. disposed of.

01.07.2026 01.07.2026 01.07.2026 01.07.2026 01.07.2026 01.07.2026 01.07.2026 01.07.2026 atulsethi [HARPREET KAUR JEEWAN] [HARPREET KAUR JEEWAN] [HARPREET KAUR JEEWAN] [HARPREET KAUR JEEWAN] [HARPREET KAUR JEEWAN] [HARPREET KAUR JEEWAN] [HARPREET KAUR JEEWAN] [HARPREET KAUR JEEWAN] JUDGE JUDGE JUDGE JUDGE Whether speaking / reasoned : Whether speaking / reasoned : Whether Reportable : Whether Reportable : Yes Yes No No 11