Punjab-Haryana High Court
Darshan Singh vs Rajinder Singh Etc on 25 January, 2023
227
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO-4034-2017 (O&M)
Date of Decision : 25.01.2023
Darshan Singh ....Appellant
VERSUS
Rajinder Singh and Others ....Respondents
CORAM : HON'BLE MRS. JUSTICE ALKA SARIN
Present : Mr. Dinesh Kumar, Advocate for the appellant.
Mr. Vishwajit Bedi, Advocate for respondent No.3.
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ALKA SARIN, J. (Oral)
The present appeal has been preferred by the claimant-
appellant against the award dated 16.11.2016 passed by the Motor Accident
Claims Tribunal, Sangrur (hereinafter referred to as 'the Tribunal') wherein
an amount of Rs.9,90,677/- has been awarded as compensation for the
injuries received by the claimant-appellant.
The only grievance of the claimant-appellant in the present case
is qua the quantum of compensation awarded by the Tribunal. Since the
factum of the accident is not in dispute, the facts are not being adverted to.
Learned counsel for the claimant-appellant would contend that
the claimant-appellant was working as a conductor on truck trailer bearing
registration No.PB-11-AP-4885. In a vehicular accident that took place, his
right hand was crushed and was amputated upto the elbow. CW-3 Dr.
Gaurav Singla, who proved the disability certificate Ex.C182, stated that the
disability was found to be 85% of the right arm. Learned counsel would
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2023.01.27 13:40
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FAO-4034-2017 (O&M) -2-
further contend that 85% would be functional disability in the present case
since the dominant arm of the appellant, who was working as a conductor,
has been amputated and that the Tribunal has wrongly assessed the
disability as 50% functional disability. It is further the contention that no
amount has been awarded towards future prospects, though the multiplier
has rightly been applied and income has also rightly been assessed as
Rs.6000/- per month.
Per contra, learned counsel for the respondent no.3-Insurance
Company has contended that functional disability has rightly been taken as
50%. An amount towards pain and sufferings has already been awarded.
I have heard learned counsel for the parties.
The Tribunal in the present case awarded the following
compensation :
Sr. No. Heads Compensation Awarded
1 Monthly Income of the appellant as Rs.3000/-
per 50% disability
2 Annual Income Rs.36,000/- (3000x12)
3 Multiplier of 15 Rs.5,40,000/- (36000x15)
4 Hospital charges and Medical Bills Rs.3,25,677/-
5 Pain and sufferings Rs.70,000/-
6. Transportation charges Rs.30,000/-
7. Attendant Charges Rs.10,000/-
8. Special Diet Rs.15,000/-
Total Compensation Rs.9,90,677/-
In the present case the claimant-appellant was working as a
conductor on a truck trailer and in the accident, due to the injuries received,
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2023.01.27 13:40
his right hand was crushed and amputated upto the elbow. Though the
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authenticity of this order/judgment
FAO-4034-2017 (O&M) -3-
disability was assessed as 85%, however, the Tribunal assessed the disability
to the extent of 50%. It is to be kept in mind that the claimant-appellant in
the present case was working as a conductor and his dominant arm was
amputated. In view thereof, the functional disability ought to have been
assessed as 85%. The age of the claimant-appellant at the time of the
accident was 40 years. He was drawing a salary of Rs.6000/- per month.
The Tribunal has correctly applied the multiplier of 15, however, no amount
has been awarded towards future prospects. In view of the settled law, the
claimant-appellant would be entitled to an addition of 25% towards future
prospects. The amount awarded under the head pain and suffering is also on
the lower side. Keeping in view the fact that the claimant-appellant remained
admitted in the hospital for over a period of one month, an amount of Rs.1.5
lakhs is awarded towards pain and sufferings and Rs.5 lakhs is awarded
towards loss of amenities, keeping in view the fact that the dominant arm
has been amputated. The amounts awarded by the Tribunal towards
transportation charges, special diet and medical bills are maintained. In
addition, an amount of Rs.10,000/- has been awarded towards attendant
charges, which is on the lower side. Keeping in view the fact that the
minimum wage for a semi-skilled worker at the time of the accident was
Rs.7627/- and the claimant-appellant would have had to employ two semi-
skilled workers as attendants during the period of one month, hence an
amount of Rs.15254/- (Rs.7627x2) is awarded towards attendant charges.
The modified amount of compensation to which the claimant-
appellant is entitled is re-worked as under :
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FAO-4034-2017 (O&M) -4-
Sr. Heads Compensation Awarded
No.
1 Annual Income of the appellant as Rs.61200/- (5100x12)
per 85% functional disability
2 Future prospects @ 25% Rs.76,500/- (61200+15300)
3 Multiplier of 15 Rs.11,47,500/-
4 Special Diet Rs.15000/-
5 Medical Bills Rs.3,25,677/-
6 Transportation Charges Rs.30000/-
7 Pain and Sufferings Rs.1.5 lakhs
8 Loss of amenities Rs.5 lakhs
9 Attendant charges Rs.15254/- (7627x2)
Total Compensation Rs.218343/-
Amount Awarded by the Tribunal Rs.990677/-
Enhanced amount Rs.11,92,754/-
The amount in excess of and over and above the amount
awarded by the Tribunal shall also attract interest @ 7.5% from the date of
filing of the claim petition till realization of the entire amount.
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.
January 25, 2023 (ALKA SARIN)
tripti JUDGE
NOTE: Whether speaking/non-speaking: Speaking
Whether reportable: YES/NO
TRIPTI SAINI
2023.01.27 13:40
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