Punjab-Haryana High Court
Chand Vir vs Shiv Kumar And Ors on 25 July, 2022
FAO-5974-2016 (O&M) -1-
258 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
FAO-5974-2016 (O&M)
Reserved on : July 20, 2022
Pronounced on : July 25, 2022
Chand Vir ...Appellant
Versus
Shiv Kumar and others ....Respondents
CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN
Present: Mr. Amardeep Hooda, Advocate for the appellant.
Mr. Gopal Mittal, Advocate
for the respondent/Insurance Company.
ARVIND SINGH SANGWAN, J.
The present appeal has been filed by the appellant praying
therein for enhancement of compensation awarded by the Tribunal as per
the award dated 29.3.2016.
It is worth noticing that while deciding Issue No.1 it is held
that the accident was caused due to the rash and negligent driving of
vehicle No.HR-12-Q-9701 by respondent No.1-driver.
While deciding Issue No.2, it was further held that all the
respondents, being driver, owner and insurer are liable to pay the
compensation jointly and severally and while deciding Issue No.3 it is
held that there is no violation of terms and conditions of the Insurance
Policy.
No cross appeal is filed by the Insurance Company on
findings recorded under Issue Nos.1 and 2.
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The Tribunal granted the compensation in the following
manner :-
Age 32 years
Period of 10.1.2014 to 23.1.2014,
hospitalization 24.1.2014 to 5.2.2014.
Occupation R.O. Camper water supplier
Sr.No. Heads of Claim Amount
01. Loss of Income during Nil
treatment
02. Medical Expense
(i) Medicines Rs.5,09,241/-
(ii) Hospital Charges including Nil
implant
(iii) Attendant Charges Rs.10,000/-
(iv) Special diet Rs.10,000/-
03. Transportation Rs.10,000/-
04. Pain and suffering Rs.10,000/-
05. Disability Nil
06. Loss of earning capacity Nil
07. % of loss of annual earning Nil
capacity due to permanent
disability
08. Reduction in life Nil
expectancy/loss of
amenities
09. Loss of prospect of Nil
marriage
Total Rs.5,49,241/-
Aggrieved therefrom, the present appeal has been filed.
It is argued on behalf of the appellant that the appellant is
still under treatment and the Tribunal has not awarded appropriate
compensation for pecuniary damages, including the expenses incurred by
the appellant for medical attendant; loss of earning upto the date of the
judgment as well as non-pecuniary damages, including mental and
physical shock; pain and suffering already suffered or to be suffered in
future and compensation for the loss of amenities of life which the
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claimant has suffered on account of injuries, especially when the
claimant is not able to sit; walk or run and the compensation for loss of
expectancy of life and on account of inconvenience/hardship, discomfort
and mental stress faced by the claimant in his life.
Counsel for the appellant has further argued that the
appellant was working as R.O. camper water supplier and was earning
Rs.20,000/- per month. He remained admitted in the hospital from
10.1.2014 to 24.1.2014 and, thereafter he was shifted to another
hospital to New Delhi and remained hospitalized till 5.2.2014. The
appellant suffered multiple injuries on his hand, stomach, chest, ear,
nose, left leg and fracture on the left hand.
Counsel for the appellant also argued that on account of
sustaining injuries on the hand, the appellant is unable to lift heavy
articles like; R.O. Camper, which he was supplying for earning his
livelihood.
Counsel for the appellant submitted that under the head of
special diet; transportation, pain and suffering and attendant charges, a
meager amount of Rs.10,000/- each is awarded and nothing is awarded
on account of loss of earning capacity or permanent loss of annual
earning or reduction of life expectancy or amenities as well as loss of
prospects of marriage.
Counsel for the appellant has referred to the statement of
PW3 Dr. Rahul Goyal, Oscar Hospital, who treated the appellant and
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stated that the appellant was kept in ICU Ward and a chest tube was put
in the left side of the chest to drain the air and water from chest cavity.
PW6 Dr. Rajesh Valeja, Senior Consultation (Surgery), Balaji
Action Hospital, Delhi stated that the appellant was admitted with alleged
history of road accident with polyroma and has undergone surgery
(exploratory laparothomy with mediastinal dissection with diaphragmatic
hernia repair with tube thorastomy) on 28.1.2014. The appellant stayed
in ICU and was discharged on 5.2.2014 and the nature of injury was
grievous.
Counsel for the appellant has also relied upon judgment
2020(4) SCC 413, Kajal Vs. Jagdish Chand, wherein Hon'ble the
Supreme Court regarding the principle of just and fair compensation has
observed as under :-
"5. The principles with regard to determination of just
compensation contemplated under the Act are well
settled. The injuries cause deprivation to the body which
entitles the claimant to claim damages. The damages
may vary according to the gravity of the injuries
sustained by the claimant in an accident. On account of
the injuries, the claimant may suffer consequential
losses such as :-
(i) loss of earnings;
(ii) expenses on treatment which may include
medical expenses, transportation, special
diet, attendant charges, etc.;
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(iii) loss or diminution to the pleasures of life by
loss of a particular part of the body, and
(iv) loss of future earning capacity.
Damages can be pecuniary as well as non-
pecuniary, but all have to be assessed in rupees
and paise.
6. It is impossible to equate human suffering and
personal deprivation with money. However, this is what
the Act enjoins upon the Courts to do. The Court has to
make a judicious attempt to award damages, so as to
compensate the claimant for the loss suffered by the
victim. On the one hand, the compensation should not
be assessed very conservatively, but on the other hand,
the compensation should also not be assessed. In so
liberal a fashion so as to make it a bounty to the
claimant. The Court while assessing the compensation
should have regard to the degree of deprivation and the
loss caused by such deprivation. Such compensation is
what is termed as just compensation. The compensation
or damages assessed for personal injuries should be
substantial to compensate the injured for the deprivation
suffered by the injured throughout his/her life. They
should not be just token damages."
Counsel for the appellant has argued that in this case,
against the compensation of Rs.14,70,000/- awarded by the High Court,
the Hon'ble Supreme Court has enhanced the compensation to
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Rs.62,27,000/-, therefore, proportionately, the compensation in this case
be also enhanced.
Counsel for respondent-Insurance Company could not dispute
the preposition of law. It is also not disputed that the Insurance
Company has neither challenged the findings of the Tribunal or the issue
of negligence or violation of the policy, if any.
After hearing the counsel for the parties, I deem it
appropriate to enhance the compensation in the following manner:-
Age 32 years
Period of 10.1.2014 to 23.1.2014, 24.1.2014
hospitalization to 5.2.2014.
Occupation R.O. Camper water supplier
Sr.No. Heads of Claim Amount
01. Loss of Income during treatment Nil
02. Medical Expense
(i) Medicines Rs.5,09,241/-
(ii) Hospital Charges including implant Rs.1,00,000/-
(remained admitted for 14 days)
(iii) Attendant Charges Rs.30,000/-
(iv) Special diet Rs.30,000/-
03. Transportation Rs.30,000/-
04. Pain and suffering Rs.1,00,000/-
05. Disability Nil
06. Loss of earning capacity Rs.1,00,000/-
07. % of loss of annual earning capacity Nil
due to permanent disability
08. Reduction in life expectancy/loss of Nil
amenities
09. Loss of prospect of marriage Nil
Total Rs.8,99,241/-
Thus, in this way, the appellant is entitled to Rs.3,50,000/- by
adjusting the amount under the head 'attendant charges', 'Special Diet',
'Transportation' and 'Pain and sufferings' already awarded by the
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Tribunal and in this way, the claimant is entitled to Rs.3,50,000/- over
and above Rs.5,49,241/- awarded by the Tribunal.
The Insurance Company will pay the enhanced amount along
with interest of 7.5% per annum, within a period of two months from
today, failing which the Tribunal will be liable to pay the interest @ 12%
per annum as awarded by the Tribunal.
Disposed off, accordingly.
( ARVIND SINGH SANGWAN )
July 25, 2022 JUDGE
satish
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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