Harjinder Singh vs Surjit Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
FAO-252-2003
Reserved on : 30.10.2026.
Pronounced on : 05.11.2026
HARJINDER SINGH ...APPELLANT
VERSUS
SURJIT SINGH AND ORS ...RESPONDENTS
CORAM: HON'BLE MR. JUSTICE PARMOD GOYAL
Present: Mr. Nitish Garg, Advocate
for the appellant.
Mr. Aman Sharma, Advocate &
Mr. Chirag Suri, Advocate
Mr. Aryan Katoch, Advocate
for respondent No.2/PRTC.
Mr. Sanjiv Pabbi, Advocate
for respondent No.3/Insurance Company.
PARMOD GOYAL, J.
Present appeal has been preferred by appellant-claimant being
aggrieved by impugned award dated 24.10.2002 passed by learned Motor
Accident Claims Tribunal, Bathinda (hereinafter referred to as ‘ Tribunal ’),
for enhancement in compensation of Rs.3,50,903/- awarded to him on
account of injuries suffered by him in motor vehicular accident dated
19.04.2000 allegedly caused by rash and negligent driving of respondent-
driver while driving bus bearing registration No.PB-11E-9666 (hereinafter
referred to as ‘ offending vehicle ’).
2. Since in present appeal the only issue raised by appellant-
claimant is as regards to quantum of compensation and no appeal or cross-
objection challenging finding of negligence has been preferred by any of the
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respondents, therefore, the detailed facts as regards to manner of accident
are not being noticed herein for the sake of brevity.
3. In the present case, learned Tribunal had awarded the following
compensation to appellant-claimant:
Income Rs.4,500/-
10% functional disability Rs.450/-
Multiplier 13
Loss of earning capacity Rs.70,200/-
(Rs.450/- x 13 x 12)
Pain and sufferings Rs.50,000/-
Loss of income Rs.50,000/-
Transportation charges Rs.22,050/-
Medical expenses Rs.1,52,262/-
Compensation for damage to Rs.6,391/-
scooter
Total compensation awarded Rs.3,50,903/-
4. Learned c ounsel for appellant-claimant has sought enhancement
in compensation on the following grounds that :
●
Learned Tribunal had erred in not granting compensation on
the basis of functional disability (as permanent disability is
30%);
●
Learned Tribunal had erred in not taking the income of
appellant-claimant as was pleaded by the appellant-claimant;
●
Future prospects were not added while determining loss of
earning capacity. Future prospects to the extent 40 % of
monthly income needs to be added as appellant-claimant was
38 years of age at the time of accident.
●
Correct multiplier was not applied by learned Tribunal;
●
Compensation for loss of future prospects and future
amenities, for loss of income during treatment and for future
medical expenses had not been granted to which appellant-
claimant is entitled to; and
●
Enhancement of compensation for medical expenses & other
expenses and pain and sufferings is warranted being
insufficient in view of nature of injuries, nature of treatment
and period of hospitalisation.
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FAO-252-2003
5. Learned counsel for appellant-claimant had claimed that
appellant-claimant had suffered multiple injuries including fracture of right
thigh bone at six places and cracking of the ligament of right thigh. It was
further stated that appellant-claimant had also received injuries on right eye-
brow and right arm. Appellant-claimant also stated that after the accident he
was initially taken to Civil Hospital, Bathinda and thereafter shifted to
Daynanad Medical College and Hospital, Ludhiana where he remained
admitted for one and a half month. It was claimed that the appellant-
claimant had incurred expenses of Rs.1,00,000/- on his treatment.
6. In order to prove nature of injury, nature of treatment and
period of hospitalisation, appellant-claimant had examined Sh. Vijay Kumar,
Clerk-cum-Cashier of Dayanand Medical College and Hospital, Ludhiana as
AW-1 who duly stated that the appellant-claimant was admitted in the
hospital from 19.04.2000 till 03.06.2000 and was again admitted on
08.08.2000 till 18.08.2000. Dr. Pawan Bansal, Medical Officer, Civil
Hospital, Bathinda appeared as AW-3 and stated that the appellant-claimant
had suffered following injuries on his body:
•
That there was a compound fracture of right thigh along with
a lacerated wound.
•
That there was a lacerated wound on the right upper eye- lid
and lacerated wound on the outer aspect of the right forearm.
•
That there was a lacerated wound on the medical aspect of
right lower leg and right knee cap which was subjected to X-
ray.
AW-3 further proved that the appellant-claimant was admitted in D.M.C,
Ludhiana and produced admission record as Ex.A9.
7. Dr. Vijay Kumar, Orthopaedic Surgeon Civil Hospital,
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Bathinda while appearing as AW-4 had proved the disability certificate
Ex.A-36 and stated that the appellant-claimant had suffered disability to the
extent of 30% on account of fracture of right shaft femur with restriction of
knee movements with 1” shortening with rupture of cruciate ligaments with
laxity of knee joint. AW-4 proved the bills Ex.A1 and A2 amounting to
Rs.12,730/- and Rs.34,740/-.AW-2 Dr. Lal Dhanaula, Physiotherapist, stated
to have charged a sum of Rs.7,500/- from appellant-claimant as per Ex.A-3
to Ex.A-8. AW-4 further proved bills from D.M.C Ludhiana (Ex.A-24 to
Ex.A-35) according to which appellant-claimant had spent a sum of
Rs.26,735/- for his treatment. He also produced various medical bills with
regards to medicines etc. amounting to Rs.70,557/- as Ex.A-37 to Ex.A-183.
AW-5 Surjit Singh, owner of the taxi (which was used for transportation)
proved Ex.A-13 to Ex.A-23 whereby he had charged Rs.11,000/- from
appellant-claimant. Other receipts of Dasmesh Taxi Union were proved as
Ex.A-184 To Ex.A-193 vide which appellant-claimant had paid Rs.11,050/-.
8. From the nature of injuries stated by AW3 and AW4 and extent
of disability found by board of doctors, it is clearly established that
appellant-claimant had suffered grievous injuries resulting into permanent
disability compromising his earning capacity to a great deal. The functional
disability therefore has to be determined keeping in view extent of
permanent disability along with nature of job which injured-appellant-
claimant was performing prior to the accident.
9. In present case, appellant-claimant had claimed himself to be a
tailor and dairy farmer earning Rs.10,000/- per month, though could not
prove the said income and vocation. However, it is clearly made out that
appellant-claimant was involved in labour work. Therefore, the nature and
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extent of permanent disability in view of injuries suffered would lead to loss
of future earning capacity and accordingly functional disability is taken as
30%. In absence of any material/reliable to conclude income of injured,
same is taken as Rs.1,942/- per month i.e. minimum wages payable to
skilled worker in the year 2000, as appellant-claimant was stated to be aged
38 years at the time of accident. By experience he must have acquired skills
and can be held to be skilled person, to which there is no rebuttal. Therefore,
future prospects to the extent of 40% for the purposes of determining loss of
earning capacity also needs to be added in view of judgment passed by
Hon'ble Supreme Court in National Insurance Company Ltd. Vs. Pranay
Sethi and Ors. , 2017 (16) SCC 680. Multiplier of ‘15’ shall be applicable as
per the age of deceased in view of judgment passed by Hon’ble Supreme
Court in Smt. Sarla Verma & Ors. Vs. Delhi Transport Corporation &
Anr. , 2009(6) SCC 121. Accordingly, loss of earning capacity payable to
injured-appellant-claimant has to be determined by taking functional
disability equivalent to 30% after taking monthly income of the injured to
be Rs.1,942/- , by adding future prospects to the extent of 40% and by
applying multiplier of ‘15 ’.
10. Since appellant-claimant had suffered permanent disability to
the extent of 30%, he would have been deprived of future amenities of life as
well as future prospects of life, therefore, he shall be entitled to
compensation for loss of future prospects and future amenities of life
which is quantified at Rs.75,000/- . Appellant-claimant is also entitled to
consolidated compensation of Rs.1,80,000/- for medical expenses,
transportation, special diet and attendant charges, etc. Keeping in view
injuries suffered by the appellant-claimant, he must have undergone
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immense pain and sufferings on account of said injuries, therefore, he is
entitled to enhanced compensation of Rs.75,000/- towards pain and
sufferings . Appellant-claimant must have also suffered loss of income for
the time he was under treatment and keeping in view period of
hospitalization and nature of injuries, it is made out that appellant-claimant
must have remained out of job for at least 09 months. Accordingly,
compensation for loss of income during treatment is assessed as Rs . 17,478 /-
(Rs.1,942/- X 9).
11. Re-worked compensation payable to appellant-claimant is as
under:-
Income Rs.1,942/- per month Rs.1,942/- per month
Future prospects 40% Rs.2,719/-
(Rs.1,942 + 777)
30% functional disability 30% of Rs.2,719/- Rs.816/-
Multiplier 15 15
Total loss of earning Rs.816 x 15 x 12 Rs.1,46,880/-
capacity
Loss of income during Rs.1,942 x 9 Rs.17,478/-
treatment
Compensation for medical
expenses, transportation,
special diet and attendant
charges
Rs.1,74,312/-
(awarded by Tribunal
for medical expenses
and transportation)
Rs.1,80,000/-
Compensation for pain Rs.50,000/-
and sufferings (as awarded by
Tribunal)
Rs.75,000/-
Compensation for loss of
future prospects and
future amenities of life
Rs.75,000/-
Total compensation Rs.3,50,903/-
awarded by the Tribunal
Total compensation Rs.4,94,358/-
awarded in appeal
Enhanced compensation Rs.4,94,358/-
(awarded in appeal) -
Rs.3,50,903/-
(awarded by Tribunal)
Rs.1,43,455/-
12. Appellant-claimant shall also be entitled to interest over
enhanced amount to the extent of 7.5% from the date of filing of claim
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petition till its realization. The liability of respondents to pay compensation
shall be as per award.
13. Present appeal is allowed in above terms. Pending
application(s), if any, stand disposed of.
(PARMOD GOYAL)
05.11.2026 JUDGE
Ravinder
Whether speaking/reasoned : Yes
Whether reportable : Yes/No
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