[Cites 17, Cited by 0]
Punjab-Haryana High Court
Rakesh Kumar vs Sham Lal And Ors on 11 December, 2025
Author: Sudeepti Sharma
Bench: Sudeepti Sharma
-1-
FAO-1462-2023
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
FAO-1462-2023
Reserved on: 02.12.2025
Date of decision: 11.12.2025
Uploaded on: 11.12.2025
RAKESH KUMAR ......Appellant
Vs.
SHAM LAL AND ORS. ......Respondents
CORAM: HON'BLE MRS. JUSTICE SUDEEPTI SHARMA
Present: Ms. Ekta Thakur, Advocate
for the appellant.
Mr. Aseem Aggarwal, Advocate
for respondent No.3-Insurance Company.
****
SUDEEPTI SHARMA J.
1. The present appeal has been preferred against the award dated
06.10.2022 passed in the claim petition filed under Section 166 of the Motor
Vehicles Act, 1988 (in short '1988 Act'), by the learned Motor Accident Claims
Tribunal, Chandigarh (in short 'the Tribunal') for enhancement of compensation,
granted to the appellant/claimant to the tune of Rs.40,53,617/- along with interest
@ 7.5% per annum on account of injuries sustained by the appellant/claimant -
Rakesh Kumar in a motor vehicular accident, occurred on 24.03.2019.
2. As sole issue for determination in the present appeal is confined to
quantum of compensation awarded by the learned Tribunal, a detailed narration of
the facts of the case is not required to be reproduced and is skipped herein for the
sake of brevity.
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SUBMISSIONS OF THE LEARNED COUNSELS FOR THE PARTIES
3. The learned counsel for the appellant/claimant contends that the
compensation awarded by the learned Tribunal is on the lower side and deserves
to be enhanced.
4. Therefore, she prays that the present appeal be allowed and the
compensation awarded to the appellant/claimant be enhanced, as per latest law.
5. Per contra, learned counsel for the respondent No.3-Insurance
Company, however, vehemently argues on the lines of the award and contends that
the amount of compensation as assessed by Ld. Tribunal, has rightly been granted
to the appellant/claimant. Therefore, he prays for dismissal of the present appeal.
6. I have heard learned counsel for the parties and perused the whole
record of this case with their able assistance.
SETTLED LAW ON COMPENSATION
7. Hon'ble Supreme Court has settled the law regarding grant of
compensation with respect to the disability. The Apex Court in the case of Raj
Kumar Vs. Ajay Kumar and Another (2011) 1 Supreme Court Cases 343, has
held as under:-
General principles relating to compensation in injury cases
5. The provision of the Motor Vehicles Act, 1988 ('Act' for short)
makes it clear that the award must be just, which means that
compensation should, to the extent possible, fully and adequately
restore the claimant to the position prior to the accident. The object
of awarding damages is to make good the loss suffered as a result of
wrong done as far as money can do so, in a fair, reasonable and
equitable manner. The court or tribunal shall have to assess the
damages objectively and exclude from consideration any speculation
or fancy, though some conjecture with reference to the nature of
disability and its consequences, is inevitable. A person is not only to
be compensated for the physical injury, but also for the loss which he
suffered as a result of such injury. This means that he is to be
compensated for his inability to lead a full life, his inability to enjoy
those normal amenities which he would have enjoyed but for the
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injuries, and his inability to earn as much as he used to earn or could
have earned. (See C.K. Subramonia Iyer v. T. Kunhikuttan Nair, AIR
1970 Supreme Court 376, R.D. Hattangadi v. Pest Control (India)
Ltd., 1995 (1) SCC 551 and Baker v. Willoughby, 1970 AC 467).
6. The heads under which compensation is awarded in personal
injury cases are the following :
Pecuniary damages (Special Damages)
(i) Expenses relating to treatment, hospitalization, medicines,
transportation, nourishing food, and miscellaneous expenditure.
(ii) Loss of earnings (and other gains) which the injured would have
made had he not been injured, comprising :
(a) Loss of earning during the period of treatment;
(b) Loss of future earnings on account of permanent disability.
(iii) Future medical expenses. Non-pecuniary damages (General
Damages)
(iv) Damages for pain, suffering and trauma as a consequence of the
injuries.
(v) Loss of amenities (and/or loss of prospects of marriage).
(vi) Loss of expectation of life (shortening of normal longevity).
In routine personal injury cases, compensation will be awarded only
under heads (i), (ii)(a) and (iv). It is only in serious cases of injury,
where there is specific medical evidence corroborating the evidence
of the claimant, that compensation will be granted under any of the
heads (ii)(b), (iii), (v) and (vi) relating to loss of future earnings on
account of permanent disability, future medical expenses, loss of
amenities (and/or loss of prospects of marriage) and loss of
expectation of life.
xxx xxx xxx xxx
19. We may now summarise the principles discussed above :
(i) All injuries (or permanent disabilities arising from injuries), do
not result in loss of earning capacity.
(ii) The percentage of permanent disability with reference to the
whole body of a person, cannot be assumed to be the percentage of
loss of earning capacity. To put it differently, the percentage of loss of
earning capacity is not the same as the percentage of permanent
disability (except in a few cases, where the Tribunal on the basis of
evidence, concludes that percentage of loss of earning capacity is the
same as percentage of permanent disability).
(iii) The doctor who treated an injured-claimant or who examined
him subsequently to assess the extent of his permanent disability can
give evidence only in regard the extent of permanent disability. The
loss of earning capacity is something that will have to be assessed by
the Tribunal with reference to the evidence in entirety.
(iv) The same permanent disability may result in different
percentages of loss of earning capacity in different persons,
depending upon the nature of profession, occupation or job, age,
education and other factors.
20. The assessment of loss of future earnings is explained below
with reference to the following
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Illustration 'A' : The injured, a workman, was aged 30 years and
earning Rs. 3000/- per month at the time of accident. As per Doctor's
evidence, the permanent disability of the limb as a consequence of
the injury was 60% and the consequential permanent disability to the
person was quantified at 30%. The loss of earning capacity is
however assessed by the Tribunal as 15% on the basis of evidence,
because the claimant is continued in employment, but in a lower
grade. Calculation of compensation will be as follows:
a) Annual income before the accident : Rs. 36,000/-.
b) Loss of future earning per annum
(15% of the prior annual income) : Rs. 5400/-.
c) Multiplier applicable with reference to age : 17
d) Loss of future earnings : (5400 x 17) : Rs. 91,800/-
Illustration 'B' : The injured was a driver aged 30 years, earning Rs.
3000/- per month. His hand is amputated and his permanent
disability is assessed at 60%. He was terminated from his job as he
could no longer drive. His chances of getting any other employment
was bleak and even if he got any job, the salary was likely to be a
pittance. The Tribunal therefore assessed his loss of future earning
capacity as 75%. Calculation of compensation will be as follows :
a) Annual income prior to the accident : Rs. 36,000/- .
b) Loss of future earning per annum
(75% of the prior annual income) : Rs. 27000/-.
c) Multiplier applicable with reference to age : 17
d) Loss of future earnings : (27000 x 17) : Rs. 4,59,000/-
Illustration 'C' : The injured was 25 years and a final year
Engineering student. As a result of the accident, he was in coma for
two months, his right hand was amputated and vision was affected.
The permanent disablement was assessed as 70%. As the injured was
incapacitated to pursue his chosen career and as he required the
assistance of a servant throughout his life, the loss of future earning
capacity was also assessed as 70%. The calculation of compensation
will be as follows :
a) Minimum annual income he would
have got if had been employed as an
Engineer : Rs. 60,000/-
b) Loss of future earning per annum
(70% of the expected annual income) : Rs. 42000/-
c) Multiplier applicable (25 years) : 18
d) Loss of future earnings : (42000 x 18) : Rs. 7,56,000/-
[Note : The figures adopted in illustrations (A) and (B) are
hypothetical. The figures in Illustration (C) however are based on
actuals taken from the decision in Arvind Kumar Mishra (supra)].
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8. Hon'ble Supreme Court in the case of National Insurance Company
Ltd. Vs. Pranay Sethi & Ors. [(2017) 16 SCC 680] has clarified the law under
Sections 166, 163-A and 168 of the Motor Vehicles Act, 1988, on the following
aspects:-
(A) Deduction of personal and living expenses to determine
multiplicand;
(B) Selection of multiplier depending on age of deceased;
(C) Age of deceased on basis for applying multiplier;
(D) Reasonable figures on conventional heads, namely, loss of
estate, loss of consortium and funeral expenses, with escalation;
(E) Future prospects for all categories of persons and for different
ages: with permanent job; self-employed or fixed salary.
The relevant portion of the judgment is reproduced as under:-
" Therefore, we think it seemly to fix reasonable sums. It
seems to us that reasonable figures on conventional heads,
namely, loss of estate, loss of consortium and funeral expenses
should be Rs.15,000, Rs.40,000 and Rs.15,000 respectively.
The principle of revisiting the said heads is an acceptable
principle. But the revisit should not be fact-centric or
quantum-centric. We think that it would be condign that the
amount that we have quantified should be enhanced on
percentage basis in every three years and the enhancement
should be at the rate of 10% in a span of three years. We are
disposed to hold so because that will bring in consistency in
respect of those heads."
9. Hon'ble Supreme Court in the case of Erudhaya Priya Vs. State
Express Tran. Corpn. Ltd. 2020 ACJ 2159, has held as under:-
" 7. There are three aspects which are required to be examined by us:
(a) the application of multiplier of '17' instead of '18';
The aforesaid increase of multiplier is sought on the basis of
age of the appellant as 23 years relying on the judgment in National
Insurance Company Limited v. Pranay Sethi and Others, 2017 ACJ
2700 (SC). In para 46 of the said judgment, the Constitution Bench
effectively affirmed the multiplier method to be used as mentioned in
the table in the case of Sarla Verma (Smt) and Others v. Delhi
Transport Corporation and Another, 2009 ACJ 1298 (SC) . In the age
group of 15-25 years, the multiplier has to be '18' along with
factoring in the extent of disability.
The aforesaid position is not really disputed by learned counsel
for the respondent State Corporation and, thus, we come to the
conclusion that the multiplier to be applied in the case of the
appellant has to be '18' and not '17'.
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(b) Loss of earning capacity of the appellant with permanent
disability of 31.1%
In respect of the aforesaid, the appellant has claimed
compensation on what is stated to be the settled principle set out in
Jagdish v. Mohan & Others, 2018 ACJ 1011 (SC) and Sandeep
Khanuja v. Atul Dande & Another, 2017 ACJ 979 (SC). We extract
below the principle set out in the Jagdish (supra) in para 8:
"8. In assessing the compensation payable the settled
principles need to be borne in mind. A victim who suffers a
permanent or temporary disability occasioned by an accident
is entitled to the award of compensation. The award of
compensation must cover among others, the following aspects:
(i) Pain, suffering and trauma resulting from the accident;
(ii) Loss of income including future income;
(iii) The inability of the victim to lead a normal life together
with its amenities;
(iv) Medical expenses including those that the victim may be
required to undertake in future; and
(v) Loss of expectation of life."
[emphasis supplied]
The aforesaid principle has also been emphasized in an earlier
judgment, i.e. the Sandeep Khanuja case (supra) opining that the
multiplier method was logically sound and legally well established to
quantify the loss of income as a result of death or permanent
disability suffered in an accident.
In the factual contours of the present case, if we examine the
disability certificate, it shows the admission/hospitalization on 8
occasions for various number of days over 1½ years from August
2011 to January 2013. The nature of injuries had been set out as
under:
"Nature of injury:
(i) compound fracture shaft left humerus
(ii) fracture both bones left forearm
(iii) compound fracture both bones right forearm
(iv) fracture 3rd, 4th & 5th metacarpals right hand
(v) subtrochanteric fracture right femur
(vi) fracture shaft femur
(vii) fracture both bones left leg
We have also perused the photographs annexed to the
petition showing the current physical state of the appellant,
though it is stated by learned counsel for the respondent State
Corporation that the same was not on record in the trial court.
Be that as it may, this is the position even after treatment and
the nature of injuries itself show their extent. Further, it has
been opined in para 13 of Sandeep Khanuja case (supra) that
while applying the multiplier method, future prospects on
advancement in life and career are also to be taken into
consideration.
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We are, thus, unequivocally of the view that there is
merit in the contention of the appellant and the aforesaid
principles with regard to future prospects must also be applied
in the case of the appellant taking the permanent disability as
31.1%. The quantification of the same on the basis of the
judgment in National Insurance Co. Ltd. case (supra), more
specifically para 61(iii), considering the age of the appellant,
would be 50% of the actual salary in the present case.
(c) The third and the last aspect is the interest rate claimed as
12%
In respect of the aforesaid, the appellant has watered
down the interest rate during the course of hearing to 9% in
view of the judicial pronouncements including in the Jagdish's
case (supra). On this aspect, once again, there was no serious
dispute raised by the learned counsel for the respondent once
the claim was confined to 9% in line with the interest rates
applied by this Court.
CONCLUSION
8. The result of the aforesaid is that relying on the settled
principles, the calculation of compensation by the appellant, as
set out in para 5 of the synopsis, would have to be adopted as
follows:
Heads Awarded
Loss of earning power Rs. 9,81,978/-
(Rs.14,648 x 12 x 31.1/100
Future prospects (50 per cent Rs.4,90,989/-
addition)
Medical expenses including Rs.18,46,864/-
transport charges,
nourishment, etc.
Loss of matrimonial prospects Rs.5,00,000/-
Loss of comfort, loss of Rs.1,50,000/-
amenities and mental agony
Pain and suffering Rs.2,00,000/-
Total Rs.41,69,831/-
The appellant would, thus, be entitled to the compensation of
Rs. 41,69,831/- as claimed along with simple interest at the rate of
9% per annum from the date of application till the date of payment.
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10. A perusal of the award reveals that the appellant/claimant was stated
to be 19 years old and was a 3rd Semester student of Fitter Course. The learned
tribunal erred in assessing the income of the deceased based solely on the
prevailing minimum wages in the state, without considering the academic
qualifications of the deceased and the potential impact on future earnings.
11. The Supreme Court in recent pronouncement titled as Sharad Singh
v. H.D. Narang (2025 INSC 1164), decided on 26.09.2025 categorically observed
that simply adopting minimum wages for a graduate preparing for a professional
career is unrealistic and the assessment of the income can be modified on the basis
of his education.
12. The relevant portion of the same is reproduced as under :
"4. The next contention is regarding the loss of income
computed. The appellant was a final year B.Com student who
had also enrolled with the Institute of Chartered Accountants of
India. The Tribunal adopted an income of Rs. 3,339/- per
month being the minimum wages applicable to a workman. The
High Court found that though he had academic prospects, the
victim was yet to attain the qualification, which places the
Court at a disadvantage in adopting the income of a Chartered
Accountant. The High Court adopted an income of Rs. 3,352/-.
While the Tribunal adopted a multiplier of 17, the High Court
correctly increased it to 18 as is laid down by a Constitution
Bench in National Insurance Company Limited v. Pranay
Sethi, (2017) 16 SCC 680.
5. The Tribunal awarded a total amount of Rs. 18,03,512/-
which was the total of the medical bills and the loss of income
computed as hereinabove mentioned as also Rs. 1 lakh for pain
and suffering. The High Court increased the quantum of
income and awarded a total amount of Rs. 7,24,032/- as loss of
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income with 100% disability. The High Court further awarded
an amount of Rs. 14 lakhs which included attendant charges,
loss of amenities, compensation for pain and suffering, loss of
marriage prospects and disfigurement occurred, in addition to
the total medical expenses of Rs. 11,22,356/-. The total
compensation awarded by the High Court came to Rs.
32,46,388/-.
6. The learned Senior Counsel for the appellant argued that
there was no rationale in adopting the minimum wages for
determining the income of a bright student who was in the
process of completing his graduation and proceeding to sit for
the Chartered Accountants examinations. The learned Counsel
for the Insurance Company first argued that the amounts
determined as minimum wages, is as per the schedule in Delhi
relatable to a graduate. We were not convinced that the
minimum wages would be determined on the basis of the
educational qualification alone without reference to the nature
of work carried on. The learned Counsel after further
verification submitted that minimum wages adopted is of the
year 2001 applicable to a skilled worker. We are not convinced
that even that can be adopted for a graduate who was in the
process of sitting for the Chartered Accountant examination
which would have placed him in a good employment with
immense prospects. The aspirations of the young man were
shattered by the accident which left him paraplegic and
fighting for breath, which also prompted the parents to relocate
to another part of the country. We are of the opinion that even
if he had not obtained the certificate as a Chartered
Accountant, upon graduation, he could have been employed as
an Accountant, who would have, on any reasonable estimate,
received an amount of Rs. 5,000/- as monthly income in the
year 2001, if the minimum wages prescribed for a skilled
worker was Rs. 3,352/-. Adopting Rs. 5,000/- as monthly
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income, we are of the opinion that, as has been held in Pranay
Sethi, 40% has to be computed as future prospects. The loss of
income for the 100% disabled paraplegic would be Rs.
15,12,000/- (Rs. 5,000/- × 140% × 12 × 18). To this is to be
added an amount of Rs. 14 lakhs granted by the High Court
under conventional heads and the medical expenses of Rs.
11,22,356/- totalling to Rs. 40,34,356/-. The total award
carrying interest @ 9% per annum from the filing of the
petition till realisation, as awarded by the Tribunal & the High
Court and enhanced by us will be paid to the substituted
appellant within a period of four months from today."
13. In light of the above referred to judgment, this Court deems it
appropriate, in the interest of justice to reassess the salary of the deceased.
Therefore, the income of the appellant/claimant is assessed at Rs.15,000/- per
month, considering his educational background and the potential for higher
earnings in the future.
14. A further perusal of the record shows that the learned Tribunal has
awarded the compensation on the lower side to the claimant under the heads of
Pain and suffering, which is required to be enhanced.
15. It is trite that permanent disability suffered by an individual not only
impairs his cognitive abilities and his physical facilities, but there are multiple
non-quantifiable implications for the victim. Further, the very fact that healthy
person turns into invalid being deprived of normal companionship and incapable
of leading a productive life makes one suffer loss of dignity. As per the facts of the
case the claimant suffered head injury and fracture in the backbone. It is also
evident from the record that he was paralyzed from the lower limb, lost bladder
control and bowel control. On account of these injuries, he was operated in PGI
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Chandigarh. Further, PW-7 Dr. Parveen Salunke was examined and he proved the
disability certificate Ex.P-81 of the claimant vide which it reveals the permanent
disability of the claimant as 100%. Furthermore, it is also evident that the claimant
was bed ridden and was living a vegetative life. This fairly concludes the fact that
the claimant have suffered immense amount of pain and agony due to the accident
in question.
16. The Hon'ble Apex Court in the case of 'KS Muralidhar versus R
Subbulakshmi and another 2024 INSC 886 highlighted the intangible but
devastating consequence of pain and suffering. The relevant portion of the same is
reproduce as under:-
"15. Keeping in view the above-referred judgments, the injuries
suffered, the `pain and suffering' caused, and the life-long
nature of the disability afflicted upon the claimant-appellant,
and the statement of the Doctor as reproduced above, we find
the request of the claimant-appellant to be justified and as
such, award Rs.15,00,000/- under the head `pain and
suffering', fully conscious of the fact that the prayer of the
claimant-appellant for enhancement of compensation was by a
sum of Rs. 10,00,000/-, we find the compensation to be just,
fair and reasonable at the amount so awarded."
17. Therefore, in view of the above judgment and facts and
circumstances of the present case, this Court deems it appropriate to grant
compensation of Fifteen lakhs under the heads of pain and suffering.
18. Further perusal of the record shows that the appellant/claimant suffered
various grievous injuries on his body making his life miserable. As a result, he had to
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depend on others for his daily activities and likely to have employed an attendant to
assist him for his physical movements. This Court has dealt with similar issue in
case titled as Ajay Kumar vs. Jasbir Singh and others, passed in FAO No 1356-
2007, decided on 18.02.2025. The relevant portion of the same is reproduced as
under:-
"ATTENDANT CHARGES
36. So far as attendant charges is concerned, the Hon'ble Apex
Court in Kajal Vs. Jagdish Chand and others, 2020(2)R.C.R.(Civil) 27,
held that where injured was a female child aged about12 years and date
of the accident was 18.10.2007 and it was observed by the Hon'ble Apex
Court that to determine the attendant charges, Multiplier system should
be applied. Relevant paragraphs No. 22 and 25 of the aforesaid judgment
are as under:
"22. The attendant charges have been awarded by the High Court
at the rate of Rs.2,500 per month for 44 years, which works out
to Rs. 13,20,000. Unfortunately, this system is not a proper
system. Multiplier system is used to balance out various factors.
When compensation is awarded in lump sum, various facts are
taken into consideration. When compensation is paid in lump
sum, this court has always followed the multiplier system. The
multiplier system should be followed not only for determining the
compensation on account of loss of income but also for
determining the attendant charges, etc. This system was
recognized by this Court in Gobald Motor Service Ltd. v. R.M.K.
Veluswami, 1958-65 ACJ 179 (SC).
The multiplier system factors in the inflation rate, the rate of
interest payable on the lump sum award, the longevity of the
claimant, and also other issues such as the uncertainties of life.
Out of all the various alternative methods, the multiplier method
has been recognized as the most realistic and reasonable method.
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It ensures better justice between the parties and thus results in
award of just compensation' within the meaning of the Act.
23. xxxxx
24. xxxxx
25. Having held so, we are clearly of the view that the basic
amount taken for determining attendant charges is very much on
the lower side. We must remember that this little girl is severely
suffering from incontinence meaning that she does not have
control over her bodily functions like passing urine and faeces.
As she grows older, she will not be able to handle her periods.
She requires an attendant virtually 24 hours a day. She requires
an attendant who though may not be medically trained but must
be capable of handling a child who is bedridden. She would
require an attendant who would ensure that she does not suffer
from bed sores. The claimant has placed before us a notification
of the State of Haryana of the year 2010, wherein the wages for
skilled labourer is Rs.4,846 per month. We, therefore, assess the
cost of one attendant at Rs.5,000 and she will require two
attendants which works out to Rs.10,000/- per month, which
comes to Rs. 1,20,000/- per annum, and using the multiplier of
18 it works out Rs. 21,60,000 for attendant charges for her entire
life. This take care of all the pecuniary damages.
37. In view of the above as per the Disability Certificate, which
is 100% and which requires full-time attendant, therefore, it would be
appropriate to decide the attendant charges accordingly. 100%
disability would require day and night attendants, meaning thereby
two attendants would be required. Further 100% disability of the
appellant-claimant would require trained attendant i.e. who should
have knowledge of nursing and experience as well. Further the
minimum amount which an attendant would demand is Rs.10,000/-.
Since two attendants are required for 100% disability, it would be
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appropriate to take the minimum amount of Rs.10,000/- each of two
attendants i.e. amounting to Rs.20,000/- for two attendants.
38. In the instant case, there is substantial medical evidence
establishing that the injured appellant-claimant has suffered from a
100% disability of the lower limb, as per Ex. P-4. Over the past 20
years since the accident on 31.05.2005, the injured has faced
significant challenges in leading a normal life. Furthermore, medical
testimony confirms that the injured person is unable to carry out
daily activities independently.
39. Applying the principles laid down in Kajal's case (supra)
it is evident that the appellant-claimant requires continuous
assistance from two attendants for 24 hours a day. In Kajal's case
(supra), the Hon'ble Supreme Court emphasized that the multiplier
system must be followed to determine attendant charges, taking into
account factors such as longevity, inflation, interest rates, and the
uncertainties of life. The Court also highlighted that an individual
with severe disabilities requires dedicated attendants, even if they are
not medically trained, to ensure proper care and prevent further
complications such as bedsores.
19. In view of the above judgment and considering age and disability
suffered by the appellant/claimant, the appellant is entitled to attendant charges to the
tune of Rs.5,00,000/-.
20. A further perusal of the award reveals that the learned Tribunal has erred
in granting less amount under the head of medical expenses for future treatment.
According to the testimony of Dr. Parveen Salunke (PW-7), due to the accident in
question the claimant/appellant will be requiring assistance of wheel chair,
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physiotherapy, special bed, diapers, change of catheter, special mattresses to avoid
bed sores. In accordance with testimony of PW-7 higher amount is required for his
future medical expenditure. The Apex Court in the latest pronouncement titled as
"The Tata AIG General Insurance Co. Ltd. Vs. Suraj Kumar and Ors., 2025
INSC 707", addressed precisely the issue of quantifying future needs like a wheel
chair and its maintenance requirement in the permanent disability cases.
21. The relevant portion of the same is reproduced as under:-
"7. Looking at the total picture of the disability, the requirement
for providing sufficient mobility to the victim, as also the future
medical expenses, would be incidental to the future well being
of the victim. The victim was 22 years old when he was
rendered almost immobile by the injuries suffered in an
accident. A prosthetic limb, would in any event cost
approximately Rs.2 lakhs and it would have to be changed in
every five years. Even on a conservative estimate, the victim
would require the change of at least five prosthetic limbs in his
lifetime considering his age. The provision of wheelchair would
also take approximately Rs.40,000/- which also would have to
be changed every five years. Hence, the total amount of Rs.10
lakhs for the prosthetic limbs and another Rs.2 lakhs for the
wheelchair would take care of the future well being of the
victim."
24. Therefore, in accordance with the above referred to judgment, this
Court deems it fit to award Rs.3,00,000/- under the head of medical expenses for
future treatment.
22. A further perusal of the award shows that the learned tribunal erred in
not awarding any amount of compensation under the head of 'loss of marriage
prospects', despite the claimant being only 19 years old at the time of the accident
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and having his entire life before him. The learned Tribunal failed to consider the
impact of his injury on his ability to marry, find a life partner, and enjoy normal
matrimonial prospects. Hon'ble the Supreme Court, in its decision in Rahul
Ganpat Rao Sable versus National Insurance Company, 2023 (3) RCR (Civil)
574 squarely addresses this omission and recognizes that such non-pecuniary loss
arising from permanent disability including loss of marriage prospects deserves
just compensation.
23. The relevant portion of the judgment is reproduced as under:-
"Loss of Marriage prospects:
20. No compensation has been awarded under the above head.
Considering the nature of injuries duly approved and certified,
the appellant would be entitled to compensation under loss of
marriage prospects. Again, relying upon the judgment of this
Court in the case of Chaus Tausif Almiya (supra), we award
afixed compensation of Rs.3 lakhs under the said head.In view
of the above, this Court in the interest of justice is awarding
50000 under the conventional head of 'loss of marriage
prospects."
24. Therefore, in accordance with the above referred to judgment, this
Court deems it fit to award Rs.3,00,000/- under the head of loss of marriage
prospects.
25. A further perusal of the award reveals that meager amount is granted
by the learned Tribunal under the heads of transportation, special diet and loss of
amenities of life. Therefore, the award requires indulgence of this Court.
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RELIEF
26. In view of the above, the present appeal is allowed and award dated
06.10.2022 is modified. Accordingly, as per the settled principles of law as laid
down by Hon'ble Supreme Court as mentioned above, the appellant-claimant is
held entitled to the enhanced amount of compensation as calculated below:-
Sr. No. Heads Compensation Awarded
1 Income Rs.15,000/-
2 Loss of future prospects (40%) Rs.6,000/-
(40% of Rs.15000/-)
3 Annual Income Rs.2,52,000/-
(Rs.21000/- X 12)
4 Loss of future earning on Rs.2,52,000/-
account of 100% disability (Rs.2,52,000/-/- X 100%)
5 Multiplier of 18 Rs.45,36,000/-
(Rs.2,52,000/-X 18)
6 Medical Expenses Rs.1,14,817/-
7 Pain and suffering Rs.15,00,000/-
8 Attendant Charges Rs.3,00,000/-
9 Transportation Charges Rs.70,000/-
10 Loss of amenities of life + Rs.6,00,000/-
Loss of marriage prospects
Future medical expenses Rs.3,00,000/-
11 Special Diet Rs.1,00,000/-
12 Total compensation Rs.75,20,817/-
awarded:-
13 Deduction:- Rs.40,53,617/-
Amount awarded by Tribunal
14 Enhanced amount of Rs.34,67,200 /-
compensation (75,20,817- 40,53,617)
27. So 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
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FAO-1462-2023
Supreme Court Cases 107, the amount so calculated shall carry an interest @ 9%
per annum from the date of filing of the claim petition, till the date of realization.
28. Respondent No.3-Insurance Company is directed to deposit the
enhanced amount along with interest with the Tribunal within a period of two
months from the date of receipt of copy of this judgment. The Tribunal is directed
to disburse the enhanced amount of compensation along with interest to the
appellant-claimant.
29. Pending application(s), if any, also stand disposed of.
(SUDEEPTI SHARMA)
JUDGE
11.12.2025
Ayub
Whether speaking/non-speaking : Speaking
Whether reportable : Yes/No
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