- Court
- High Court of Punjab and Haryana
- Decided
- 3 October 2024
- Bench
- Sudeepti Sharma
- Case no.
- FAO 5083/2006
Judgment
FAO- 5083-2006 (O&M) -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
FAO-5083-2006 (O&M) Date of Decision: October 03, 2024
Ashraf ......Appellant
Vs.
Rajesh Kumar and anr. ......Respondent(s)
CORAM: HON'BLE MRS. JUSTICE SUDEEPTI SHARMA
Present: Mr. Sandeep Jasuja, Advocate for the appellant.
Mr. Suman Jain, Advocate and Mr. Manmohan, Advocate for respondent No. 2– Insurance Company.
***
SUDEEPTI SHARMA J. (ORAL)
1. The present appeal has been preferred against the award dated
03.08.2006 passed in the claim petition filed under Section 163-A of the Motor Vehicles Act, 1988 by the learned Motor Accident Claims Tribunal, Gurugram (for short, 'the Tribunal') for grant of compensation, whereby the claim petition filed by the claimant-appellant was dismissed. FACTS NOT IN DISPUTE
2. The brief facts of the case are that on the intervening night of 23rd and 24th August, 2001, the claimant-Ashraj was proceeding towards village Cahalka from Village Islampur while driving Dumper No. HR-38C-3694. At about 4.00 a.m. when he reached near Puja Service Station, Sohna, then all of a sudden a Neel Gai appeared there. The claimant/appellant tried to save the cow and took his dumper on the left hand side of the road which struck with Neem tree. As a result
FAO- 5083-2006 (O&M) -2-
of the accident, he sustained serious head injury. He sustained permanent disability and disfigurement due to this accident. In connection with this accident an entry was got made in Daily Dairy Register at Sr.No.20 on 24.8.2001 at Police Station Sohna. The Claimant-appellant spent an amount of Rs.80,000/- on his treatment, for transportation and special diet etc. The claimant was taken to Pushpanjali Hospital, Gurgaon where he remained admitted from 24.8.2001 to 6.9.2001.
3. Upon notice of the claim petition, respondents appeared and denied the factum of compensation.
4. From the pleadings of the parties, the Tribunal framed the following issues:- "1. Whether the accident in question was caused by the petitioner by use of dumper NO. HR-38-C-3694? OPP
2. If issue No. 1 is proved whether the claimant is entitled to any compensation on account of the injuries suffered by him in the accident, if so, to what extent and from whom? OPP
3. Whether respondent No.1 was not holding a valid and effective driving licence on the date of of accident? OPR2.
4. Whether the petition is bad for mis jionder and non joinder of necessary parties? OPR 2
5. Relief."
5. After taking into consideration the pleadings and the evidence on record, the learned Tribunal dismissed the claim petition. Hence the claimant/appellant filed the present appeal for grant of compensation awarded by the Tribunal. SUBMISSIONS OF THE COUNSELS
¶6The learned counsel for the appellant-claimant contends that the claim petition was dismissed on the ground that in the claim petition, the monthly income of the appellant was stated to be Rs.4000/- per month. However, when the claimant appeared in witness box, he stated that his monthly income at the time of accident was Rs.3000/- per month. He further submits that the Tribunal has erred in law in dismissing the claim petition on the ground that the appellant does not suffer permanent injury due to the alleged accident, therefore, the provision of Section 163-A of the Motor Vehicles Act, 1988 will not be applicable in the present case. Therefore, he prays that present appeal be allowed. <. &er contra$ learned co nsel for the respondent$ howe+er$ +ehementl5 arg es that the claim petition had rightl5 been dismissed b5 learned Trib nal. .e pra5s for dismissing of appeal.
8. * ha+e heard learned co nsel for the parties and per sed the whole record of this case. %. The rele+ant portion of the award dated 03.08.2006 is reprod ced as nder:( "9. The present claim petition has been filed under section 163-A of the Motor Vehicles Act to Claim compensation under Section 163-A of the Motor Vehicles Act the claimant is not required to prove that the accident took place due to rash and negligent driving of the driver of the vehicle or any other person. In order to claim compensation under section 163-A of the Act, the claimant is required to prove only that the vehicle was involved in the accident and due to that accident the claimant
FAO-5083-200
¶10and entry in on 24.8.200 mentioned t in his claim stated that t he was driv Gai, he turn Neem Tree. accident.
¶11injury on hi rebut the mentioned a No. HR-38C place and t body. Accor ISSUE NO.
¶12The pre M.V. Act. F below:- 163-A any o the fo
06 (O&M) Regarding this accident, matte n the Daily Diary Register was
¶01Copy of the DDR entry is Ex. that the accident took place as p m petition. Claimant appeared in the accident took place when he ing the offending vehicle at the ned his vehicle towards left side a PW3 stated that he sustained in There is evidence on the file is body. No evidence has been statement of PW3. Keeping above, I have no hesitation in ho C-3694 was involved in this ac that due to this accident claim rdingly, issue No. 1 is decided in . 2: esent claim petition has been file For proper appreciation, section A(i) Notwithstanding anything c ther law for the time being in f force of law, the owner of th
er was reported to the police made at Police Station Sohna .P1. In this document also it is per pleas taken by the claimant n the witness box as PW 3 and tried to save the Neel Gai and time of accident. To save Neel and the vehicle struck with the njuries on his body due to this e that the claimant sustained adduced by the respondent to in mind the circumstances olding that the dumper vehicle ccident and the accident took mant sustained injuries on his n favour of the claimant. ed under section 163-A of the n 163-A(i)& (ii) is reproduced ontained in this Act or in force or instrument having he motor vehicle or the
FAO-5083-200
author perma motor Sched
(ii) In claima death has b defaul any ot
claimant is disablement wrongful ac Section 163 this special disablement vehicle. It sustained m certificate h claimant. Th doctors in certificate E Gurgaon. In
06 (O&M) rized insurer shall be liable to p anent disablement due to acciden r vehicle, compensation, as i dule, to the legal heirs or the vict n any claim for compensation u ant shall not be required to pl or permanent disablement in r been made was due to any wr lt of the owner of the vehicle or ther person. Clause (ii) of section 163-A of t not required to plead or establis t in respect of which the claim ct or negligence or default of the 3-A(i) also make it clear that the provision can be granted only i t due to the accident arising is not a death case. The case multiple, serious and grievous has been obtained regarding he permanent disability certifica the Civil Hospital. The claim Ex.P11 issued by Dr. S. Sexa n this certificate it is mentioned t
pay in the case of death or nt arising out of the use of indicated in the Second tim, as the case may be. under Sub-section (i). the lead or establish that the respect of which the claim rongful act or neglect or r vehicles concerned or of the Act makes it clear that the sh that the death or permanent m has been made was due to e owner of vehicle concerned. e compensation amount under in case of death or permanent out of the use of the motor e of the claimant is that he s injuries on his body. No permanent disability by the ate is issued by a team of three ant based his claim upon a ana of Pushpanjali Hospital, that the claimant got treatment
FAO-5083-200
in Pushpanj this certifica hospital on upto the da the claiman claims that permanent i the spell of sustained 10
regarding p Rs.24.000/- Hospital an parts of the stated that p of the face o his head an were applie also placed photographs towards righ hair on the wounds or f
06 (O&M) jali Hospital and injuries on hi ate. It is mentioned that the claim
6.9.2001 and the recovery was u te of issuance of the certificate nt was upto 90%. On the basi there was 10% permanent disa is nowhere mentioned. It is ment f 18½ months was 90%. It is 0% disability or permanent disab Discharge card Ex.P10, fin payment Ex. P13 are also plac was paid as hospital bill by nd he sustained had injury and e body. Facing this situation lea permanent disability can be con of claimant also. Claimant stated nd there are scar mark on his h ed on his head at the time of oper d on the file which are not pro s also only scars of healed injuri ht side are shown. These healed e head of that part were remov for obtaining photographs of the
is head are also mentioned in mant was discharged from the uneventful. It is mentioned that on 1.10.2001 the recovery of is of this certificate claimant ability. In this certificate word tioned that the recovery within not mentioned that claimant bility. al Bill Ex.P12 and receipt ce on the file. The amount of the claimant in Pushpanjali d few minor injuries on other arned counsel for the claimant sidered due to dis-figurement d that he sustained injuries on head. Stitches in large number ration. Three photographs are operly proved. Even in these ies on the head of the claimant scars are visible only because ved for proper healing of the scars.
FAO-5083-200
¶15the head disfigureme In this rega wherein per permanent d head of the the board permanent d
¶16of permanen claimant is section 163-
¶17Section 163 deceased wa taken plea t basis, the an Rs.48,000/-. plea has bee it cannot be than Rs.400 witness box was Rs.300
06 (O&M) In my view on the basis of this of the claimant, findings c ent of the face or to assess it as a ard my attention was drawn o rmanent disfigurement of the h disablement. I fell, on the basis claimant, in the absence of any of doctors, it cannot be held disability. Now it is clear that neither it is nt disability. As such I have no not entitled to receive any am -A of the Motor Vehicle Act. Apart from it, compensation a 3-A of the Act in case the annua as upto 40,000/- per annum. In that his monthly income was R nnual income of the claimant at . Learned counsel for the claima en taken that salary of the claim e considered that the annual inco 00/. It is contended that the cla x has stated that his monthly in 0/-.I am not much impressed w
scar with triangular shape on cannot be given regarding a case of permanent disability. on section 142 (c) of the act head or face is considered as s of these healed scars on the disability certificate issued by that the claimant sustained s a death case nor it is a case hesitation in holding that the mount as compensation under amount can be awarded under al income of the injured or the this case claimant himself has Rs.4000/- Calculating on these t the time of accident becomes ant argued that merely because mant was Rs.4000/- per month, ome of the claimant was more aimant when appeared in the ncome at the time of accident with this contention of learned
counsel for the claimant. Either the claimant has taken false plea in the petition or he has deposed falsely when he appeared in the witness box. I feel courts cannot encourage the persons who have no hesitation in telling a lie or taking false pleas before the courts for their personal gains. When claimant himself has taken pleas that his monthly income was Rs.4000/- per month at the time of accident, now he cannot be allowed to say that his income was Rs.3000/-per month, in the absence of any amendment in the claim petition. On this point of legal controversy learned counsel for the claimant place his reliance upon case law National Insurance Co.Ltd. Vs. Indu Sharma and others 2000 ACJ 808 (P&H), and s\Sharabai and antoher Vs.P.Sahebkhan and others 2006 ACJ 229 (Karnaaka). In case law referred above, National Insurance Co. Ltd. Vs.Indu Sharma and others, it was held that it is not correct that section 163-A of the Act shall apply only if annual income of the deceased or disabled [person was within the range of Rs.40000/-. In another decision of the Hon'ble Karnataka High Court, in case law referred above Sharabai and another Vs. P. Sahebkhan and others it was held that claim petition under section 163-A is maintainable. As per facts of that case the plea was that the annual income of the deceased was Rs.1,00,000/- whereas Tribunal had given findings regarding annual income of the deceased as Rs.28,800/-.
10. # per sal of the award dated 03.08.2006 shows that =d. Trib nal$ 1 r gram while dismissing the claim petition obser+ed that in the claim petition$ the income of the deceased was shown to be /s.)0006( per month. >5 ta8ing his
FAO- 5083-2006 (O&M) -9-
earning to be Rs.4000/- per month, the annual income of the claimant-appellant was calculated as Rs.48,000/- per annum. Since there is a cap of Rs.40,000/- per annum under Section 163-A, therefore, the claim petition of the claimant was dismissed. However, a perusal of the record further reveals that the claimant has specifically deposed in his statement to the effect that his income was Rs.36,000/- per annum as required under Section 163-A of the Motor Vehicles Act, 1988.
11. This Court vide judgment dated 17.05.2024 passed in FAO-407-2006, titled as Satpal Vs. Daljit Singh and others held as under:- "13 The claim petitions are drafted by the Advocates and it is standard practice to state the maximum earnings and amount of compensation in the pleadings. The Court/Tribunal should appreciate the evidence led on oath, rather than strictly adhering to the pleadings. The present claim petition was dismissed solely on the stated earning of Rs.6,000/- in the pleadings, completely discarding the evidence presented. This indicates a manifest failure to apply judicial mind. Therefore, the present appeal is allowed. The appellant/claimant is granted compensation under Section 163-A by taking his income to be Rs.3,000/- per month."
12. Further the Tribunal has erred in dismissing the claim petition on the ground that the appellant does not suffer any permanent disability due to the alleged accident. However, this Court is not satisfied with the reasoning given by the learned Tribunal as Section 163-A of Motor Vehicles Act, 1988 is now substituted by Section 164 of Motor Vehicles Act, 1988 (Act 32 of 2019 w.e.f
01.04.2022) and in the amended Section there is no requirement regarding
permanent disabilit5 for claiming compensation nder !ection 16) of the Motor "ehicles #ct$ 1%88 and the compensation sho ld ha+e to be enhanced as per s bstit ted stat tor5 pro+ision i.e. !ection 16) of the #ct. Therefore$ the appellant herein is entitled to be granted the benefit of beneficial pro+ision enacted b5 the Parliament nder 4hapter 11 of which !ection 16) pro+ides for pa5ment of compensation in the case of death in the s m of /s.; la8h and in case of grie+o s h rt$ to the eAtent of /s.2.; la8hs. The rele+ant !ection 16) of the Motor "ehicles #ct$ 1%88 is reprod ced as nder:( "Payment of compensation in case of death or grevious hurt, etc. –
(1) Notwithstanding anything contained in this Act or in any other law for the time being in force or instrument having the force of law, the owner of the motor vehicle or the authorised insurer shall be liable to pay in the case of death or grievous hurt due to any accident arising out of the use of motor vehicle, a compensation, of a sum of five lakh rupees in case of death or of two and a half lakh rupees in case of grievous hurt to the legal heirs or the victim, as the case may be.
(2) In any claim for compensation under sub-section (1), the claimant shall not be required to plead or establish that the death or grievous hurt in respect of which the claim has been made was due to any wrongful act or neglect or default of the owner of the vehicle or of the vehicle concerned or of any other person.
(3) Where, in respect of death or grievous hurt due to an accident arising out of the use of motor vehicle, compensation has been paid under any other law for the time being in force, such amount of
compensation shall be reduced from the amount of compensation payable under this section.]
13. : rther$ this 4o rt in FAO No.4301 of 2006, titled as "Akaljit Kaur and Others Vs. Parveen Kumar and Others" held as under:- "11. Hon'ble Supreme Court in the case of Ram Murti and others Vs. Punjab State Electricity Board [2022(4) TAC 738] held that the appellants therein to be granted the benefit of beneficial provision enacted by the Parliament under Chapter 11 of which Section 164 provides for payment of compensation in the case of death in the amount of Rs.5 lakhs and in the case grievous hurt of Rs.2.5 lakhs.
¶12This Court in FAO-195-2006 titled as Mamta and Others Vs. Happy and Others, decided on 29.05.2024, held that since Motor Vehicle statute is a beneficial legislation, the Judge should not go into the technicalities of the provisions, under which the application or petition is moved but should apply his judicial mind, as these are only the irregularities and not illegalities which cannot be cured. It has been observed by the Hon'ble Supreme Court that the loss caused to the claimants or the relationship or to the victim of the limb cannot be compensated. Still the Court should make every effort by exercising its discretion empathetically. Further, Justice should actually be shown to be delivered by application of judicial mind with intelligence, prudence, care and caution and by showing empathy.
The Court decision should be such that they strengthen the trust and confidence of public and litigants in judicial system and judiciary." 1). *n +iew of the abo+e$ this 4o rt is not satisfied b5 the reasoning gi+en b5 the =d. Trib nal in dismissing the present claim petition filed b5 the appellant( claimant and appeal filed b5 appellant is liable to be allowed. 1;. @n the to chstone of here(in(abo+e disc ssed findings and 0 dicial precedent$ the 0 dgment dated 03.08.2006 passed b5 =d. Trib nal$ 1 r gram stands +itiated d e to complete absence of application of 0 dicial mind.
16. In view of the above, the claimant/appellant is held entitled to compensation to the tune of Rs.2.5 lakh.
¶17So far as the interest part is concerned, as held by Hon'ble Supreme Court in Dara Singh @ Dhara Banjara Vs. Shyam Singh Varma 2019 ACJ 3176 and R.Valli and Others VS. Tamil Nandu State Transport Corporation (2022) 5 Supreme Court Cases 107, the appellant-claimant is granted the interest @9% per annum on the enhanced amount from the date of filing of claim petition till the date of its realization.
¶18The Insurance Company is directed to deposit the awarded amount along with interest with the Tribunal within a period of two months from today. The appellant-claimant is directed to furnish his bank account details to the Insurance Company/Tribunal. The Tribunal is further directed to disburse the enhanced amount of compensation along with interest in the bank account of the appellant-claimant.
¶19Pending applications, if any, also stand disposed off.
FAO- 5083-2006 (O&M) -13-
(SUDEEPTI SHARMA) JUDGE October 03, 2024 G Arora
Whether speaking/non-speaking : Speaking
Source: High Court of Punjab and Haryana, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.