Punjab-Haryana High Court
Samrin vs Vakil Ahmad And Ors on 9 May, 2024
Author: Alka Sarin
Bench: Alka Sarin
FAO-2596-2015 1
106
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO-2596-2015 (O&M)
Date of Decision : 09.05.2024
Samrin ..... Appellant(s)
Versus
Vakil Ahmad and Ors. ..... Respondent(s)
CORAM : HON'BLE MRS. JUSTICE ALKA SARIN
Present : Mr. Digvijay, Advocate for the appellant.
Mr. Rajneesh Malhotra, Advocate for respondent No.3.
ALKA SARIN, J. (Oral)
1. The present appeal has been preferred by the claimant-appellant
aggrieved by the quantum of compensation awarded by the Motor Accident
Claims Tribunal, Gurgaon vide award dated 29.01.2015.
2. Since the facts, as recorded in the impugned award passed by
the Tribunal, are not in dispute, the same are not being reproduced herein for
the sake of brevity.
3. The Tribunal in the present case had awarded the following
compensation :
Sr. No. Heads Compensation Awarded
1 In respect of permanent Rs.5,00,000/-
disability
2 Medical expenses Rs.4,17,321/-
3 Transportation Rs.20,000/-
integrity of this order/judgment.
4 Pain and Suffering Rs.50,000/-
5 Special diet Rs.10,000/-
6 Reduction of prospects of Rs.1,00,000/-
marriage
7 Total Compensation Rs.10,97,321/-
Interest 7.5% per annum
4. Learned counsel for the claimant-appellant would contend that
the injured claimant-appellant was 8 years of age at the time of the accident
and that due to the accident which took place on 05.01.2014 she sustained
grievous injuries with fractures on her left leg and the disability suffered by
her is to the extent of 70% which is permanent in nature. Learned counsel
for the injured claimant-appellant would further contend that the amount of
compensation awarded is on the lower side inasmuch as the Tribunal ought
to have awarded the compensation by fixing the notional income of the child
as well as by applying the multiplier and that the amounts under the heads
pain and suffering and reduction of prospects of marriage are on the lower
side. Learned counsel for the injured claimant-appellant has relied upon the
judgment passed by the Hon'ble Supreme Court in the case of Kurvan
Ansari @ Kurvan Ali & Anr. vs. Shyam Kishore Murmu & Anr. [2022
(1) RCR (Civil) 165] to contend that notional income of the child was fixed
as Rs.25,000/- per annum for an accident which took place in the year 2004.
5. Per contra, the learned counsel for respondent No.3-Insurance
Company has vehemently argued that sufficient amount has already been
awarded as compensation in the present case and that there is no scope of
any enhancement.
6. I have heard the learned counsel for the parties.
integrity of this order/judgment.
7. In the present case the injured claimant-appellant was 8 years of
age at the time of the accident and due to the accident her left leg has been
shortened by 1½ inches and hence she has suffered permanent disability to
the extent of 70%. Hon'ble Supreme Court in the case of Kurvan Ansari @
Kurvan Ali (supra) in the case of death of a 7-year old child assessed the
notional income as Rs.25,000/- and applied a multiplier of '15' in an
accident which took place in the year 2004. In the present case, the accident
had taken place in the year 2014 and hence this Court is inclined to assess
the notional income of the injured claimant-appellant as Rs.50,000/- per
annum as per the dictum laid by the Hon'ble Supreme Court in the case of
Kurvan Ansari @ Kurvan Ali (supra) and apply a multiplier of '15'.
8. Further in the case of Kajal Vs. Jagdish Chand & Ors.
[(2020) 4 SCC 413] the Supreme Court while dealing with the case of 100%
disability on the issue of Pain and Sufferings has held as under :
"26. Coming to the non-pecuniary damages under the
head of pain, suffering, loss of amenities, the High Court
has awarded this girl only Rs.3,00,000/. In Mallikarjun
v. Divisional Manager, The National Insurance
Company Limited and Ors.2013(10) SCALE 668:
2013(4) RCR (Civil) 295, this Court while dealing with
the issue of award under this head held that it should be
at least Rs.6,00,000/-, if the disability is more than 90%.
As far as the present case is concerned, in addition to
the 100% physical disability the young girl is suffering
from severe incontinence, she is suffering from severe
hysteria and above all she is left with a brain of a nine
month old child. This is a case where departure has to
be made from the normal rule and the pain and suffering
suffered by this child is such that no amount of
integrity of this order/judgment.
compensation can compensate.
27. One factor which must be kept in mind while
assessing the compensation in a case like the present
one is that the claim can be awarded only once. The
claimant cannot come back to court for enhancement of
award at a later stage praying that something extra has
been spent. Therefore, the courts or the tribunals
assessing the compensation in a case of 100% disability,
especially where there is mental disability also, should
take a liberal view of the matter when awarding
compensation. While awarding this amount we are not
only taking the physical disability but also the mental
disability and various other factors. This child will
remain bedridden for life. Her mental age will be that of
a nine month old child. Effectively, while her body
grows, she will remain a small baby. We are dealing
with a girl who will physically become a woman but will
mentally remain a 9 month old child. This girl will miss
out playing with her friends. She cannot communicate;
she cannot enjoy the pleasures of life; she cannot even
be amused by watching cartoons or films; she will miss
out the fun of childhood, the excitement of youth; the
pleasures of a marital life; she cannot have children
who she can love let alone grandchildren. She will have
no pleasure. Her's is a vegetable existence. Therefore,
we feel in the peculiar facts and circumstances of the
case even after taking a very conservative view of the
matter an amount payable for the pain and suffering of
this child should be at least Rs.15,00,000/-."
9. Accordingly, the amounts under the heads pain and suffering
and reduction of prospects of marriage are enhanced to Rs.5,00,000/- each.
The amounts awarded towards medical expenses, transportation and special
integrity of this order/judgment.
diet are maintained. Accordingly, the reworked compensation is as under :
Sr. No. Heads Compensation Awarded
1 Notional annual income Rs.50,000/-
2 Annual Income of the appellant as Rs.35,000/-
per 70% permanent disability
3 Loss of income after applying [Rs.35,000x15] = Rs.5,25,000/-
multiplier '15'
4 Pain and suffering Rs.5,00,000/-
5 Medical expenses Rs.4,17,321/-
6 Transportation Rs.20,000/-
7 Special Diet Rs.10,000/-
8 Reduction of prospects of Rs.5,00,000/-
marriage
Total Compensation Rs.19,72,321/-
10. The amount in excess of and over and above the amount
awarded by the Tribunal shall also attract interest @ 7.5% per annum from
the date of filing of the claim petition till the realization of the entire amount.
11. 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.
09.05.2024 ( ALKA SARIN )
Yogesh Sharma JUDGE
NOTE: Whether speaking/non-speaking: Speaking
Whether reportable: YES/NO
integrity of this order/judgment.
