Punjab-Haryana High Court
Jaswant Singh vs Rachit Gulati And Ors on 17 April, 2023
FAO No.1187 of 2019 -1- 2023:PHHC:052081
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
300 FAO No.1187 of 2019 (O&M)
Reserved on : 10.04.2023
Date of Decision : 17.04.2023
Jaswant Singh ....Appellant
VERSUS
Rachit Gulati and Others ....Respondents
CORAM : HON'BLE MRS. JUSTICE ALKA SARIN
Present : Mr. Ashwani Arora, Advocate for the appellant.
Mr. Vinod Chaudhri, Advocate for respondent No.3.
*******
ALKA SARIN, J.
1. The present appeal has been preferred by the injured claimant-
appellant challenging the quantum of compensation awarded by the Motor
Accident Claims Tribunal, Rupnagar (hereinafter referred to as the
'Tribunal') vide award dated 29.10.2018.
2. The claimant-appellant approached the Tribunal averring that
on 05.06.2016 he was going from Anandpur Sahib to Nurpur Bedi and while
driving his motorcycle bearing registration No.PB-12-K-7310, at a normal
speed and on the correct side of the road, when he reached near village
Singhpura, he stopped and parked his motorcycle on the extreme left side of
the road for drinking sweet water from a Chhabeel. In the meantime, at
about 01.30/02.00 p.m., a car bearing registration No.HP-36-A-9655, which
was being driven in a rash and negligent manner by respondent No.1, came
from Nurpur Bedi side at a very high speed without blowing any horn and
struck against him. Due to the impact the claimant-appellant fell and
received various injuries. The claimant-appellant further averred that he
JITENDER KUMAR
2023.04.17 09:05
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FAO No.1187 of 2019 -2- 2023:PHHC:052081
remained admitted in various hospitals for about a period of one year. FIR
No.79 dated 12.08.2016 was also lodged under Sections 279, 337, 338 and
427 of the Indian Penal Code, 1860 at Police Station Nurpur Bedi. The
claimant-appellant further stated that he is 30 years of age and was running a
coaching centre and also doing tuition work.
3. The claim was contested by respondent Nos.1 and 2 by denying
the factum of the accident. Further, it was denied that the claimant-appellant
received any injuries or spent any amount on his treatment. Respondent
No.3-Insurance Company also filed its written statement denying the factum
of the accident. The Tribunal, on the basis of the evidence on the record,
awarded the following compensation :
Sr. Heads Compensation Awarded
No.
1 Injury and Pain Rs.1,00,000/-
2 Medical expenses, treatment, Rs.5,82,208/-
hospitalization, transportation and
Misc. expenses
3 Special Diet Rs.50,000/-
4 Loss of earning during period of Rs.2,00,000/-
treatment
5 Future Medical Treatment Rs.50,000/-
6 Loss of prospective income Rs.1,54,000/-
7 Loss of amenities and general Rs.50,000/-
damages
Total compensation Rs.11,86,208/-
Interest 7.5% per annum
4. Aggrieved by the quantum of compensation awarded, the
present appeal has been preferred by the injured claimant-appellant.
5. During the pendency of the appeal, CM-6024-CII-2021 has
been filed by the claimant-appellant for permission to lead additional
evidence. The additional evidence now sought to be led is the disability
JITENDER KUMAR
2023.04.17 09:05
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FAO No.1187 of 2019 -3- 2023:PHHC:052081
certificate issued by the Medical Board, Government Medical College and
Hospital, Sector 32, Chandigarh showing the disability of the claimant-
appellant to being 51%. Learned counsel for respondent No.3-Insurance
Company has stated that he does not wish to file any reply to the said
application.
6. On merits, learned counsel for the claimant-appellant would
contend that the compensation awarded is on the lower side. It is submitted
that though the disability was assessed to the extent of 77% before the
Tribunal, however, as per latest disability certificate, the disability of the
claimant-appellant may be assessed as 51%. Learned counsel has contended
that the claimant-appellant remained admitted in hospital for a period of
almost a year and the compensation awarded under the various heads is on
the lower side. It is further the contention that no amount has been awarded
towards loss of future prospects nor any multiplier has been applied.
7. Per contra learned counsel for respondent No.3-Insurance
Company has contended that the Tribunal had assessed the compensation
taking the disability of the claimant-appellant as 77%, however, since the
disability now stands reduced to 51%, the compensation awarded to the
claimant-appellant ought to be reduced.
8. I have heard learned counsel for the parties and have perused
the record of the Tribunal with their able assistance.
9. In the present case it has come in evidence that the claimant-
appellant was initially taken to CHC, Singhpur from where he was referred
to Civil Hospital, Rupnagar. However, the claimant-appellant was got
admitted in Kailash Hospital, Anandpur Sahib where he remained admitted
for a long time. At Kailash Hospital, he was operated upon and rods were
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2023.04.17 09:05
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FAO No.1187 of 2019 -4- 2023:PHHC:052081
inserted in his right multiple fractured leg but after insertion of rods in his
leg the infection got worse. Thereafter, the claimant-appellant was taken to
Max Hospital, Ropar and subsequently to the Government Medical College
and Hospital, Sector 32, Chandigarh and other private hospitals for better
treatment.
10. PW3 Dr. Saurav Sharma of Kailash Hospital deposed as under:
"On 05.06.2016 patient Jaswant Singh Bela, age 29
years son of Mohinder Singh, resident of Ward No.6,
Hargobind Nagar, District Rupnagar was admitted in
our hospital as a case of fracture segmental femur with
right tibia fracture with pulmonary embolism (breathing
difficulty). He was operated on 05.06.2016 for the
fracture femur and on 17.06.2016 for the fracture tibia.
He was discharged on 24.06.2016. After a month,
debridement was done over the right thigh to treat
infection over the fracture site. Such infection occurred
so many times and patient had been coming to my
hospital time and again for its treatment for one month.
Once, the bone gets infection, it is very difficult to over
come such infection in a short period. It may take an
year to resolve it".
11. PW5 Dr. Surjit Singh of Max Hospital, Ropar deposed as
under:
"On 08.10.2016 patient Jaswant Singh son of Mohinder
Singh, resident of Hargobind Nagar, Ropar was
admitted in my hospital for the treatment of fracture
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FAO No.1187 of 2019 -5- 2023:PHHC:052081
right femur bone and right tibia bone for which he was
earlier operated in private hospital at Anandpur Sahib.
He was having infection non union of right femur bone
along-with non union of right tibia bone. He was
operated upon thrice in the form of removal of nail and
refixation of the fracture with ex-fix including cleaning
of the infection. He was discharged on 29.10.2016.
Rs.51,029/- was charged in cash excluding medicines
and other treatment from the hospital. At the time of
discharge, patient was still under treatment and was not
fully cured."
12. PW7 Dr. Sandeep Gupta, Associate Professor, Department of
Orthopaedic, GMCH, Sector 32, Chandigarh deposed as under :
"Claimant Jaswant Singh was presented to us with
diagnosis of infected non union of fracture right femur
thigh bone. He was operated twice by me in first
surgery, which was done on 10.4.2017, infected bone
was removed, the fracture was stabilized by antibiotic
nails and are antibiotic cement spacer which was put in
the defect. The second surgery was done on 31.05.2017.
Antibiotic nails and cement spacer were removed. The
fracture was definite fixed with interlock nail, along-
with plate. The bone defect was filled with bone graft
taken from patient's own pelvic bone. Patient was
subsequently discharged on 14.06.2017. The patient is
still under follow up treatment with me. There is still a
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2023.04.17 09:05
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FAO No.1187 of 2019 -6- 2023:PHHC:052081
stiffening of the leg and if such stiffening continues, then
the patient may require another surgery. There is
shortening of leg which is mentioned in disability
certificate which was issued by our hospital. The pace of
recovery is on the expected lines".
13. The disability certificate now produced on the record as
Annexure A-1 though shows that the permanent disability has been reduced
to 51%, however, it also mentions under the head 'Diagnosis' as under:
"Fracture right femur with fracture right both bone leg
with fracture right Patella with stiff knee with
shortening."
14. The claimant-appellant, who runs a coaching centre, is required
to stand for a long period and the stiff knee with shortening would definitely
have affected his performance. The disability of the claimant-appellant has
been assessed as 51%, however, his functional disability is assessed as 25%.
The income of the claimant-appellant as per income tax returns has been
shown as Rs.4,00,000/- per annum which comes to about Rs.34,000/-
(rounded off) per month. Since the disability has affected the vocation of the
claimant-appellant to a certain extent, an addition of 40% towards loss of
future prospects keeping in view the age of the injured as per judgment of
Hon'ble Supreme Court in the case of Pappu Deo Yadav vs. Naresh
Kumar & Ors. [2020 (4) RCR (Civil) 404] ought to be made. The Tribunal
has not applied any multiplier which, keeping in view the age of the
claimant-appellant, could be '17'. The claimant-appellant in the present
case, as per evidence on the record, remained admitted in hospital and
underwent 08 surgeries and hence the loss of income for one year based on
JITENDER KUMAR
2023.04.17 09:05
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Chandigarh
FAO No.1187 of 2019 -7- 2023:PHHC:052081
the income tax returns of the would have to be assessed as Rs.4,00,000/- per
annum. The amount under the head 'medical bills and future treatment' has
not been challenged by the claimant-appellant and the same is hence
maintained. An amount of Rs.1,00,000/- has been awarded by the Tribunal
under the head 'pain and suffering' which is on the lower side keeping in
view the long hospitalization and the fact that the claimant-appellant was
operated upon 08 times during the period of one year. The amount under the
head 'pain and suffering' is accordingly enhanced to Rs.2,00,000/-. An
amount of Rs.50,000/- has been awarded by the Tribunal towards 'loss of
amenities of life'. This Court deems it appropriate to award an amount of
Rs.2,00,000/- towards 'loss of amenities of life'. An amount of Rs.50,000/-
has been awarded by the Tribunal towards 'special diet' and the same is
maintained. No amount has been awarded towards 'attendant charges'. The
claimant-appellant remained admitted in various hospitals and hence the
'attendant charges' are awarded on the basis of minimum wages for a period
of one year which would come to Rs.86,400/- [Rs.7210/- (rounded off to
Rs.7200/-) x 12].
15. In view of the above discussion, the enhanced compensation to
which is the claimant-appellant would be entitled is re-worked out as under :
Sr. Heads Compensation Awarded
No.
1 Annual income Rs.4,00,000/-
2 Loss of annual income as per [4,00,000 x 25/100] = Rs.1,00,000/-
25% functional disability
3 Future prospects @ 40% [1,00,000 + 40,000] = Rs.1,40,000/-
4 Multiplier of 17 [1,40,000 x 17] = Rs.23,80,000/-
5 Medical Bills Rs.5,82,208/-
6 Future Treatment Rs.50,000/-
7 Pain and suffering Rs.2,00,000/-
JITENDER KUMAR
2023.04.17 09:05
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Chandigarh
FAO No.1187 of 2019 -8- 2023:PHHC:052081
8 Loss of amenities of life Rs.2,00,000/-
9 Special Diet Rs.50,000/-
10 Attendant Charges Rs.86,400/-
Total Compensation Rs.35,48,608/-
Amount Awarded by the Rs.11,86,208/-
Tribunal
Enhanced amount Rs.23,62,400/-
16. The enhanced amount of compensation shall also attract interest
@ 7.5% per annum from the date of filing of the claim petition till
realization of the amount.
17. In view of the above discussion, the present appeal is allowed
and the award passed by the Tribunal is modified accordingly. Pending
applications, if any, also stand disposed off.
( ALKA SARIN )
17.04.2023 JUDGE
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NOTE: Whether speaking/non-speaking: Speaking
Whether reportable: YES/NO
JITENDER KUMAR
2023.04.17 09:05
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integrity of this order/judgment.
Chandigarh
