Manju Bala v. Hawaldar Sampuran Singh and Ors

IN T

Manju Bala

Hawaldar Samp

CORAM : HON

Present: Mr

Mr for

Mr

SUDEEPTI SH

1.

The enhancement of Tribunal, Patial Section 166 of t awarded compen FACTS NOT IN

2.

Bri sister Sangita R 11S-1880 which road at a slow reached Markfe driving Jeep No against the scoo

THE HIGH COURT OF PUNJ AT CHANDIGA

-.-

FA

Da

Versus puran Singh and others N'BLE MRS. JUSTICE SUDE r.Vivek Suri, Advocate with r. Dushyant Godara and Mr. Darp the appellant. r. Maninder Singh, Sr. DAG, Pun

-.-

HARMA, J. e instant appeal has been prefe f compensation awarded by th la (for short, 'the Tribunal') vi the Motor Vehicles Act, 1988, w nsation of Rs.2,65,000/- along w N DISPUTE ief facts of the case are that on ani were coming to their house a h was being driven by the claim speed and Sangita Rani was d building at about 9.30/10 p.m. o. PB-11S-7220 in a rash and neg oter of the claimant. As a result

JAB AND HARYANA ARH

AO-2805-2006 (O&M) ate of Decision : 15.10.2024

....Appellant

....Respondents EEPTI SHARMA pan Bansal, Advocate njab. erred by the claimant/appellant he learned Motor Accident Clai de award dated 05.04.2005 un whereby the claimant/appellant w with interest @ 6% per annum. n 26.4.2003, the claimant and at Tripri, Patiala on scooter No.P mant on correct left hand side of pillion rider, thereon. When th ., respondent no.1 came there wh gligent manner and struck the sa t of this collision, claimant and

for ims nder was her PB-hey hile ame

sister Sangita R brought to eme passerby in a ca by her in this ac at the time of a and her marriag

3.

Up the factum of co

4.

Fro issues:-

5.

Aft record, the lear interest @ 6% p enhancement of SUBMISSIONS

6.

The amount assessed

He the extent of 60%

ani fell down alongwith the scoo ergency ward of Rajindera Ho ar. The claimant has become tota ccident whose life has also been accident and her monthly earnin e prospectus have also been dim on notice of the claim petition, ompensation. om the pleading of the parties, "1. Whether the claimant r negligent driving of jeep respondent no. 1? OPP

¶2What amount of compens from whom? OPP

¶3Relief.." ter taking into consideration th rned Tribunal awarded compen per annum. Hence the claimant/a f compensation awarded by the T S OF THE COUNSEL FOR T e learned counsel for the clai d by the learned Tribunal is on th further contends that the appella % and the disability certificate is

oter and received injuries who w ospital, Patiala for treatment by lly disabled due to injuries receiv darkened. She was 32 years of ngs were 7,500/-. She is unmarr minished. , respondents appeared and den the Tribunal framed the follow received injuries due to rash a p no. PB-11S-7220 driven sation the claimant is entitled a he pleadings and the evidence nsation of Rs.2,65,000/- alongw appellant filed the present appeal Tribunal. HE PARTIES imant-appellant contends that he lower side. ant suffered permanent disability s proved on record as Ex.P-2.

were y a ved age ried nied wing by on with for

He Rs.1,40,000/- fo

He transportation, R Rs.60,000/- for p

7.

Per the learned Trib of compensation

8.

I h record of this ca

9.

A p working as Low was asserted t Therefore, the in the amount aw attendant charg amount granted Therefore, the a SETTLED LAW

10.

Ho compensation w Kumar Vs. Aja held as under:- Gen

further contends that the le or medical expenses which is also further contends that the Tri Rs.4000/ for special diet, Rs.32 pain and suffering, which is also r contra, learned for the responde bunal vide award dated 05.04.20 n. have heard learned counsel for ase. perusal of the award shows th wer Division Clerk in Punjab Stat to be Rs.8,333/- per month ncome of the claimant is assesse warded by the Tribunal for tra es and pain and suffering are o by the Tribunal for future medi award requires interference of thi W ON COMPENSATION n'ble Supreme Court has set with respect to the disability. T ay Kumar and Another (2011) neral principles relating to comp

arned Tribunal has granted o o on the lower side. ibunal has awarded Rs.2000/- 2000/- for loss of income etc., o on the lower side. ent-Insurance Company argues t 005 has rightly assessed the amo the parties and perused the wh hat the claimant was stated to te Electricity Board and her inco as per salary certificate Ex.P ed as Rs.8,333/- per month. Furt ansportation charges, special d on the lower side. Moreover, ical expenses is also on lower si is Court. ttled the law regarding grant The Apex Court in the case of ) 1 Supreme Court Cases 343, mpensation in injury cases

only for that ount hole be ome P-3. ther diet, ide. t of Raj

¶5ma com res awa wro equ dam or disa be suff com tho inju hav Ltd

¶6inju Pec

(i) tran

(ii) ma

The provision of the Motor Ve kes it clear that the award mpensation should, to the exte tore the claimant to the position arding damages is to make goo ong done as far as money can uitable manner. The court or mages objectively and exclude f fancy, though some conjecture ability and its consequences, is compensated for the physical inj ffered as a result of such inju mpensated for his inability to le ose normal amenities which he uries, and his inability to earn a ve earned. (See C.K. Subramoni 70 Supreme Court 376, R.D. H d., 1995 (1) SCC 551 and Baker v The heads under which com ury cases are the following : cuniary damages (Special Dama Expenses relating to treatm nsportation, nourishing food, an Loss of earnings (and other ga de had he not been injured, comp

Vehicles Act, 1988 ('Act' for sho must be just, which means t ent possible, fully and adequa prior to the accident. The objec od the loss suffered as a result n do so, in a fair, reasonable a tribunal shall have to assess from consideration any speculat e with reference to the nature inevitable. A person is not only njury, but also for the loss which ury. This means that he is to ead a full life, his inability to en e would have enjoyed but for as much as he used to earn or co ia Iyer v. T. Kunhikuttan Nair, A Hattangadi v. Pest Control (Ind v. Willoughby, 1970 AC 467). mpensation is awarded in perso ages) ment, hospitalization, medicin nd miscellaneous expenditure. ains) which the injured would h mprising :

ort) that tely ct of t of tion e of y to h he be njoy ould AIR dia) onal nes,

(iii) Da

(iv) inju

(v)

(vi) In r und whe of t hea acc am exp

19.

(i) A res

(ii) who loss ear disa

(a) Loss of earning during th

(b) Loss of future earnings on ) Future medical expenses. N mages) ) Damages for pain, suffering an uries. Loss of amenities (and/or loss of ) Loss of expectation of life (shor routine personal injury cases, c der heads (i), (ii)(a) and (iv). It ere there is specific medical ev the claimant, that compensation ads (ii)(b), (iii), (v) and (vi) rel count of permanent disability, enities (and/or loss of prosp pectation of life. xxx

xxx We may now summarise the pr All injuries (or permanent disab ult in loss of earning capacity. The percentage of permanen ole body of a person, cannot b s of earning capacity. To put it d rning capacity is not the same ability (except in a few cases, w

he period of treatment; n account of permanent disabilit Non-pecuniary damages (Gene nd trauma as a consequence of of prospects of marriage). rtening of normal longevity). compensation will be awarded o t is only in serious cases of inju vidence corroborating the evide n will be granted under any of lating to loss of future earnings future medical expenses, loss pects of marriage) and loss xxx

xxx rinciples discussed above : bilities arising from injuries), do nt disability with reference to e assumed to be the percentage differently, the percentage of loss e as the percentage of perman where the Tribunal on the basis

ty. eral f the only ury, ence f the s on s of of not e of s of nent

evid sam

(iii) sub evid ear Tri

(iv) of l nat fac

¶20wit Illu ear evid inju per how bec gra

dence, concludes that percentag me as percentage of permanent d ) The doctor who treated an inju bsequently to assess the extent of dence only in regard the extent rning capacity is something tha ibunal with reference to the evide ) The same permanent disability loss of earning capacity in diffe ture of profession, occupation ctors. The assessment of loss of fu th reference to the following ustration 'A' : The injured, a w rning Rs. 3000/- per month at th dence, the permanent disability ury was 60% and the consequ rson was quantified at 30%. wever assessed by the Tribunal cause the claimant is continue ade. Calculation of compensation a) Annual income before the b) Loss of future earning per (15% of the prior annual inc c) Multiplier applicable with

ge of loss of earning capacity is disability). ured-claimant or who examined h of his permanent disability can g of permanent disability. The loss at will have to be assessed by ence in entirety. may result in different percenta ferent persons, depending upon or job, age, education and ot uture earnings is explained bel workman, was aged 30 years a he time of accident. As per Docto of the limb as a consequence of uential permanent disability to The loss of earning capacity l as 15% on the basis of eviden ed in employment, but in a low n will be as follows: e accident : Rs. 36,000/-. r annum come) : Rs. 5400/-. h reference to age : 17

him give s of ages ther low or's f the y is nce,

Illu is a lon Tri 75% Illu Eng two The inc ass cap wil a) M hav Eng b) L (70 c) M

d) Loss of future earnings : ( ustration 'B' : The injured was a 00/- per month. His hand is amp assessed at 60%. He was termi nger drive. His chances of gettin d even if he got any job, the sala ibunal therefore assessed his lo %. Calculation of compensation a) Annual income prior to th b) Loss of future earning per (75% of the prior annual inc c) Multiplier applicable with d) Loss of future earnings : ( ustration 'C' : The injured w gineering student. As a result of o months, his right hand was a e permanent disablement was as capacitated to pursue his chose sistance of a servant throughout pacity was also assessed as 70% ll be as follows : Minimum annual income he wou ve got if had been employed as a gineer

Loss of future earning per annum 0% of the expected annual incom Multiplier applicable (25 years)

(5400 x 17) : Rs. 91,800/- a driver aged 30 years, earning putated and his permanent disabi inated from his job as he could ng any other employment was bl ary was likely to be a pittance. T oss of future earning capacity will be as follows : e accident : Rs. 36,000/- . r annum come) : Rs. 27000/-. h reference to age : 17 (27000 x 17) : Rs. 4,59,000/- was 25 years and a final y of the accident, he was in coma amputated and vision was affect ssessed as 70%. As the injured w en career and as he required t his life, the loss of future earn %. The calculation of compensat uld an

: Rs. 60,000/-m me) : Rs. 42000/-

: 18

Rs. ility d no leak The y as year for ted. was ning

d) L [No hyp act

11.

Ho Ltd. Vs. Pranay Sections 166, 1 aspects:-

(A) mu

(B)

(C)

(D) esta

(E) age The

Loss of future earnings : (42000 ote : The figures adopted in pothetical. The figures in Illust tuals taken from the decision in A n'ble Supreme Court in the case y Sethi &Ors. [(2017) 16 SCC 63-A and 168 of the Motor Ve ) Deduction of personal an ultiplicand; ) Selection of multiplier depen ) Age of deceased on basis for ) Reasonable figures on con ate, loss of consortium and funer ) Future prospects for all cate es: with permanent job; self-emp e relevant portion of the judgmen " Therefore, we think it seems to us that reasonabl namely, loss of estate, loss o should be Rs.15,000, Rs.40 The principle of revisiting principle. But the revisit sho centric. We think that it wou we have quantified should b

x 18) : Rs. 7,56,000/- n illustrations (A) and (B) tration (C) however are based Arvind Kumar Mishra (supra)]. e of National Insurance Compa C 680] has clarified the law un ehicles Act, 1988, on the follow nd living expenses to determ nding on age of deceased; r applying multiplier; nventional heads, namely, loss ral expenses, with escalation; egories of persons and for differ ployed or fixed salary. nt is reproduced as under:- t seemly to fix reasonable sums le figures on conventional hea of consortium and funeral expen 0,000 and Rs.15,000 respectiv the said heads is an accepta uld not be fact-centric or quantu uld be condign that the amount t be enhanced on percentage basis

are on any nder wing mine of rent s. It ads, nses ely. able um-that

12.

Ho Express Tran. C " 7

(a) age Ins effe Tra gro fac for con app

(b) disa

com

every three years and the en 10% in a span of three yea because that will bring in heads." n'ble Supreme Court in the ca Corpn. Ltd. 2020 ACJ 2159, has

¶7There are three aspects which the application of multiplier of The aforesaid increase of m e of the appellant as 23 years re urance Company Limited v. Pr 00 (SC). In para 46 of the said ectively affirmed the multiplier m e table in the case of Sarla V ansport Corporation and Anothe oup of 15-25 years, the multi ctoring in the extent of disability. The aforesaid position is not the respondent State Corpora nclusion that the multiplier to pellant has to be '18' and not '17 Loss of earning capacity of ability of 31.1% In respect of the aforesa mpensation on what is stated to

nhancement should be at the rate ars. We are disposed to hold n consistency in respect of th ase of Erudhaya Priya Vs. St s held as under:- are required to be examined by f '17' instead of '18'; multiplier is sought on the basis elying on the judgment in Natio ranay Sethi and Others, 2017 A d judgment, the Constitution Ben method to be used as mentioned Verma (Smt) and Others v. De er, 2009 ACJ 1298 (SC) . In the a iplier has to be '18' along w

t really disputed by learned coun ation and, thus, we come to o be applied in the case of 7'. of the appellant with perman aid, the appellant has claim o be the settled principle set ou

e of d so ose tate us: s of onal ACJ nch d in elhi age with nsel nent med

Jag Kha bel jud mu qua disa disa occ

gdish v. Mohan & Others, 20 anuja v. Atul Dande & Another low the principle set out in the Ja "8. In assessing the compens need to be borne in mind. A temporary disability occasio award of compensation. The among others, the following

(i) Pain, suffering and tra

(ii) Loss of income includ

(iii) The inability of the vi with its amenities;

(iv) Medical expenses incl required to undertake

(v) Loss of expectation of The aforesaid principle has dgment, i.e. the Sandeep Khanu ltiplier method was logically so antify the loss of income as ability suffered in an accident. In the factual contours of th ability certificate, it shows th casions for various number of

018 ACJ 1011 (SC) and Sand r, 2017 ACJ 979 (SC). We extr agdish (supra) in para 8: sation payable the settled princip victim who suffers a permanent ned by an accident is entitled to award of compensation must co aspects: auma resulting from the accident ding future income; ictim to lead a normal life toget luding those that the victim may in future; and f life." [emphasis supplied] also been emphasized in an ear uja case (supra) opining that ound and legally well established a result of death or perman he present case, if we examine he admission/hospitalization on days over 1½ years from Aug

deep ract ples t or over t; ther y be rlier d to nent n 8

und

11 to January 2013. The natur der: "Nature of injury:

(i) compound fracture sha

(ii) fracture both bones lef

(iii) compound fracture bo

(iv) fracture 3rd, 4th & 5th

(v) subtrochanteric fractu

(vi) fracture shaft femur

(vii) fracture both bones lef We have also peruse petition showing the curren though it is stated by learne Corporation that the same w Be that as it may, this is the the nature of injuries itself been opined in para 13 of S while applying the multipl advancement in life and c consideration. We are, thus, unequivo in the contention of the app with regard to future prospec of the appellant taking the p quantification of the same

re of injuries had been set out aft left humerus ft forearm th bones right forearm h metacarpals right hand ure right femur ft leg ed the photographs annexed to nt physical state of the appella ed counsel for the respondent St was not on record in the trial co e position even after treatment a f show their extent. Further, it Sandeep Khanuja case (supra) t lier method, future prospects career are also to be taken i ocally of the view that there is m pellant and the aforesaid princip cts must also be applied in the c permanent disability as 31.1%. T on the basis of the judgment

t as ant, tate urt. has that on into erit ples case The

National Insurance Co. Ltd para 61(iii), considering th 50% of the actual salary in th

(c) The third and the last as 12% In respect of the afo down the interest rate durin view of the judicial pronoun case (supra). On this aspect dispute raised by the learne the claim was confined to applied by this Court. CONCLUSION

¶8The result of the afores principles, the calculation of set out in para 5 of the syno follows:

Heads Loss of earning power (Rs.14,648 x 12 x 31.1/100 Future prospects (50 per cent addition) Medical expenses including transport charges, nourishment, etc. Loss of matrimonial prospects Loss of comfort, loss of amenities mental

d. case (supra), more specifica he age of the appellant, would he present case. spect is the interest rate claimed resaid, the appellant has wate ng the course of hearing to 9% ncements including in the Jagdis t, once again, there was no seri ed counsel for the respondent o 9% in line with the interest ra said is that relying on the sett f compensation by the appellant, opsis, would have to be adopted Awarded Rs. 9,81,978/-Rs.4,90,989/-Rs.18,46,864/-Rs.5,00,000/-Rs.1,50,000/-

ally d be d as ered % in sh's ious nce ates tled , as

agony Pain and suffering Rs.2,00,000/-Total Rs.41,69,831/-

The appellant would, thus, be entitled to the compensation of Rs. 41,69,831/- as claimed along with simple interest at the rate of 9% per annum from the date of application till the date of payment. RELIEF

¶13In view of the above, the present appeal is allowed and award dated

05.04.2005 is modified.

¶14Accordingly, as per the settled principles of law as laid down by Hon'ble Supreme Court as mentioned above, the appellant -claimant is held entitled to the enhanced compensation amount as calculated below: Sr. Heads Compensation Awarded No. 1 Income Rs.8,333/-2 Future Prospects 50% Rs.4166/- (40% of 8333) 3 Annual Income Rs.1,49,988/- (8333?4166 x 12) 4 Loss of future earning per Rs.89,992/- (1,49,988/-x 60%) annum @ 60% 5 Multiplier (16) Rs.14,39,872/- (89,992 x 16) 6 Medical Rs.1,40,000/-7 Attendant Charges Rs.10,000/-8 Transportation Rs.10,000/-9 Pain and Sufferings Rs.80,000/-10 Special diet Rs.30,000/-11 Expenses for future treatment Rs.50,000/-Total Compensation Rs.17,59,872/-Amount Awarded by the Rs.2,65,000/-Tribunal Enhanced amount Rs.14,94,872/-

15.

So Court in Dara S and R.Valli and Supreme Cour per annum on th date of its realiz

16.

The compensation al from today. The compensation a claimant/appella

17.

Pen

October 15, 202 A.Kaundal

Whether s

Whether r

far as the interest part is conce Singh @ Dhara Banjara Vs. Shy d Others VS. Tamil Nandu State rt Cases 107, the appellant-claim he enhanced amount from the da zation. e respondent No.4 is directed t long with interest with the Tribu e Tribunal is further directed to along with interest in the accou ant is directed to furnish her ba nding applications, if any, also st

(S

speaking/non-speaking : Speakin reportable

: Yes/No

erned, as held by Hon'ble Supre yam Singh Varma 2019 ACJ 31 te Transport Corporation (2022 mant is granted the interest @ ate of filing of claim petition till to deposit the enhanced amount unal within a period of two mon o disburse the enhanced amount unt of the claimant/appellant. T ank account details to the Tribun tand disposed of. SUDEEPTI SHARMA) JUDGE ng

eme 2) 5 9% t of nths t of The