Avtar Singh vs Sudhir Kumar And Ors

FAO No.1617 of 2022 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
FAO No.1617 of 2022(O&M)
RESERVED ON: 30.10.2026
PRONOUNCED ON: 05.11.2026
UPLOADED ON: 05.11.2026
Avtar Singh …..Appellant
VERSUS
Sudhir Kumar and others .....Respondents
CORAM: HON’BLE MR. JUSTICE DEEPINDER SINGH NALWA
Present: Mr. J.S. Cooner, Advocate for the appellant.
Mr. Nigam K. Bhardwaj, Advocate for respondent
No.4-Insurance Company.
*
DEEPINDER SINGH NALWA, J.
1 . The present appeal has been filed by the appellant/claimant
against the award dated 18.11.2021 passed by the Motor Accident Claims
Tribunal, Ambala (for short, ‘the Tribunal’) seeking enhancement of
compensation.
2. The brief facts of the case are that o n 12.12.2017, Avtar Singh
(hereinafter to be referred as ‘claimant’) was going on motorcycle bearing
registration No.HR-01AM-4084 to bring his wife from house of his in-
laws situated at village Patwi. He was driving his motorcycle at a moderate
speed and on correct side of the road. At about 5/5.15 PM, when claimant
crossed village Sahabpura and reached near the house of Varinder Singh @
Gullu, a car bearing registration No.HR-05X-7914 (hereinafter referred to
as ‘the offending vehicle’), which was being driven by Sudhir Kumar
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FAO No.1617 of 2022 (O&M) -2-
(driver of the offending vehicle) in a rash and negligent manner and at a
very high speed, came from village Nanku Ka Nagla side hit the
motorcycle of the claimant after coming from the wrong side. As a result
of the accident, claimant suffered multiple and grievous injuries. The
driver of the offending vehicle ran away from the spot by leaving behind
his car. The claimant was taken to General Hospital, Ambala Cantt. from
where he was referred to PGIMER, Chandigarh. At PGIMER, Chandigarh,
the claimant was admitted and discharged on several occasion. An FIR
No.0381 of 2017, was registered under Sections 279/338 IPC at Police
Station Mahesh Nagar. As the said accident occurred due to the rash and
negligent driving of Sudhir Kumar (driver of offending vehicle), the
claimant filed a claim petition under Section 166 of the Motor Vehicles
Act, 1988 before the Motor Accident Claims Tribunal, Ambala, seeking
compensation of Rs.30 lakhs on account of the injuries suffered by him in
the motor vehicular accident.
3. A joint written statement was filed on behalf of driver and
owner of the offending vehicle taking preliminary objections regarding the
maintainability of the claim petition. It was the case of the driver and
owner of the offending vehicle that no such accident took place due to rash
and negligent driving of car in question by the driver. It was also averred in
the written statement that Rahul Verma (registered owner of the offending
vehicle) i.e. respondent No.3 in the claim petition had already sold the
vehicle to one Sohan Lal i.e. respondent No.2 in the claim petition. It was
also their case that as the offending vehicle was insured with insurance
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FAO No.1617 of 2022 (O&M) -3-
company, the liability to pay compensation, if any, was that of Insurance
Company.
4. A separate written statement was filed by the Insurance
Company taking preliminary objections regarding the maintainability of
the claim petition. It was alleged in the written statement that there was
delay of 2 days in lodging the FIR. It was also the case of the insurance
company that the offending vehicle was falsely involved by the claimant to
extract compensation by lodging false and frivolous FIR. It was also the
case of the Insurance Company that the offending vehicle was not involved
in the accident and driver of the offending vehicle was not having valid
and effective driving license at the time of accident, as such, the Insurance
Company was not liable to pay any compensation.
5. The Tribunal decided the claim petition vide award dated
18.11.2021 in favour of the claimant. A perusal of the award dated
18.11.2021 passed by the Tribunal would further show that compensation
of an amount of Rs.5,18,879/- was awarded in favour of the claimant along
with interest @ 7.5% per annum from the date of the filing of the claim
petition till its realization, on account of injuries suffered by the claimant
in the accident. Insurance Company along with driver and owner of the
offending vehicle were held jointly and severally liable to pay
compensation to the claimant. A perusal of the award dated 18.11.2021
passed by the Tribunal would show that functional disability in the case of
claimant has been assessed as 15% taking into consideration the permanent
physical disability of claimant as assessed in the disability certificate
(Ex.P5).
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FAO No.1617 of 2022 (O&M) -4-
6. Aggrieved against the abovesaid award dated 18.11.2021
passed by the Tribunal, the appellant/claimant has filed the present appeal
seeking enhancement of compensation.
7. Learned counsel appearing on behalf of the appellant/claimant
submits that a perusal of the award dated 18.11.2021 passed by the
Tribunal would show that no addition has been made to the actual income
under the head of loss of future prospects. He further submits that
functional disability, assessed by the Tribunal as 15%, is on a lower side.
Learned counsel submits that as per the statement of PW-2 Dr. Arun
Sharma, Medical Officer, Civil Hospital, Ambala City, as the permanent
disability of the appellant/claimant was assessed as 40% qua the right
upper and right lower limb, the appellant/claimant being an agriculturist by
occupation and his livelihood depends entirely upon physical toil, the
functional disability has to be assessed as 40%.
8. Learned counsel appearing on behalf of respondent No.4-
Insurance Company submits that adequate compensation has been awarded
to the appellant/claimant by the Tribunal taking into consideration the facts
of the case, as such, the same calls for no interference.
9. I have heard learned counsel appearing on behalf of the
parties and perused the paper-book with their able assistance.
10. In regard to the contention raised by learned counsel
appearing on behalf of the appellant/claimant that functional disability
assessed by the Tribunal as 15% is on a lower side is concerned, it is well
settled law that functional disability must be assessed based on its impact
on the whole body and person’s livelihood rather than medical percentage
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FAO No.1617 of 2022 (O&M) -5-
of physical impairment certified by a medical board. A perusal of the
record would show that as per disability certificate (Ex.P5), the permanent
disability of the appellant/claimant was assessed as 40% qua the right
upper limb and right lower limb. Accordingly, the Tribunal has assessed
the functional disability of the appellant/claimant as 15%. Keeping in
view the fact that the appellant/claimant is an agriculturist by occupation
and entirely depends upon physical toil, injuries to arms destroy his
capacity to perform his tasks effectively like controlling heavy machinery,
lifting and gripping tools, operating sprayers etc. Taking into
consideration the occupation of appellant/claimant this Court deems it fit
to assess the functional disability of the appellant/claimant as 40% for the
purpose of grant of compensation.
11. In regard to the contention raised by the learned counsel
appearing on behalf of the appellant/claimant that no addition has been
made to the actual income under the head of loss of future prospects is
concerned, it is well settled law that in a case of permanent disability, an
addition has to be made to the actual income under the head of loss of
future prospects while awarding compensation. It is not in dispute that as
per the award dated 18.11.2021 passed by the Tribunal, permanent
disability has been assessed as 40% qua the right upper and right lower
limb as per the disability certificate (Ex.P5). Reliance is placed upon
judgment passed by Hon'ble the Supreme Court in
Pappu Deo Yadav Vs.
Naresh Kumar and others, 2022 (13) SCC 790. , wherein it has been held
that in a case of permanent disability, claimant can also claim
compensation under the head of future prospects following the principles
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FAO No.1617 of 2022 (O&M) -6-
laid down in the judgment of the Hon’ble Supreme Court in National
Insurance Company Ltd. Vs. Pranay Sethi and others, 2017(4) RCR
(Civil) 1009) . Relevant extract from the judgment of Pappu Deo Yadav's
case (supra), is reproduced hereunder:-
“ 7. Two questions arise for consideration: one, whether in cases of
permanent disablement incurred as a result of a motor accident, the
claimant can seek, apart from compensation for future loss of income,
amounts for future prospects too; and two, the extent of disability. On
the first question, the High Court no doubt, is technically correct in
holding that Pranay Sethi Supra involved assessment of compensation in
a case where the victim died. However, it went wrong in saying that
later, the three-judge bench decision in Jagdish Supra was not binding,
but rather that the subsequent decision in Anant Supra to the extent that
it did not award compensation for future prospects, was binding. This
court is of the opinion that there was no justification for the High Court
to have read the previous rulings of this court, to exclude the possibility
of compensation for future prospects in accident cases involving serious
injuries resulting in permanent disablement. Such a narrow reading of
Pranay Sethi Supra is illogical, because it denies altogether the
possibility of the living victim progressing further in life in accident
cases – and admits such possibility of future prospects, in case of the
victim's death.
8. This court has emphasized time and again that "just
compensation" should include all elements that would go to place the
victim in as near a position as she or he was in, before the occurrence of
the accident. Whilst no amount of money or other material compensation
can erase the trauma, pain and suffering that a victim undergoes after a
serious accident, (or replace the loss of a loved one), monetary
compensation is the manner known to law, whereby society assures some
measure of restitution to those who survive, and the victims who have to
face their lives. In Santosh Devi v. National Insurance Company
Limited (2012) 6 SCC 421 , this Court held that:
"14. We find it extremely difficult to fathom any rationale for the
observation made in paragraph 24 of the judgment in Sarla
Verma's case that where the deceased was self-employed or was
on a fixed salary without provision for annual increment, etc., the
Courts will usually take only the actual income at the time of
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FAO No.1617 of 2022 (O&M) -7-
death and a departure from this rule should be made only in rare
and exceptional cases involving special circumstances. In our
view, it will be nave to say that the wages or total
emoluments/income of a person who is self-employed or who is
employed on a fixed salary without provision for annual
increment, etc., would remain the same throughout his life.
15. The rise in the cost of living affects everyone across the
board. It does not make any distinction between rich and poor.
As a matter of fact, the effect of rise in prices which directly
impacts the cost of living is minimal on the rich and maximum on
those who are self-employed or who get fixed
income/emoluments. They are the worst affected people.
Therefore, they put extra efforts to generate additional income
necessary for sustaining their families.
16. The salaries of those employed under the Central and State
Governments and their agencies/instrumentalities have been
revised from time to time to provide a cushion against the rising
prices and provisions have been made for providing security to
the families of the deceased employees. The salaries of those
employed in private sectors have also increased manifold. Till
about two decades ago, nobody could have imagined that salary
of Class IV employee of the Government would be in five figures
and total emoluments of those in higher echelons of service will
cross the figure of rupees one lac.
17. Although, the wages/income of those employed in
unorganized sectors has not registered a corresponding increase
and has not kept pace with the increase in the salaries of the
Government employees and those employed in private sectors but
it cannot be denied that there has been incremental enhancement
in the income of those who are self-employed and even those
engaged on daily basis, monthly basis or even seasonal basis. We
can take judicial notice of the fact that with a view to meet the
challenges posed by high cost of living, the persons falling in the
latter category periodically increase the cost of their labour. In
this context, it may be useful to give an example of a tailor who
earns his livelihood by stitching cloths. If the cost of living
increases and the prices of essentials go up, it is but natural for
him to increase the cost of his labour. So will be the cases of
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FAO No.1617 of 2022 (O&M) -8-
ordinary skilled and unskilled labour, like, barber, blacksmith,
cobbler, mason etc.
18. Therefore, we do not think that while making the observations
in the last three lines of paragraph 24 of Sarla Verma's
judgment, the Court had intended to lay down an absolute rule
that there will be no addition in the income of a person who is
self-employed or who is paid fixed wages. Rather, it would be
reasonable to say that a person who is self-employed or is
engaged on fixed wages will also get 30 per cent increase in his
total income over a period of time and if he / she becomes victim
of accident then the same formula deserves to be applied for
calculating the amount of compensation."
9. In Jagdish Supra. the victim, a carpenter, suffered permanent
disablement, and his claim for compensation including for loss of future
prospects was considered by a three-judge bench (which included,
incidentally, the judges who had decided Pranay Sethi Supra ). This
court held that:
"13. In the judgment of the Constitution Bench in Pranay Sethi
[National Insurance Co. Ltd. v. Pranay Sethi, (2017) 16 SCC
680] , this Court has held that the benefit of future prospects
should not be confined only to those who have a permanent job
and would extend to self-employed individuals. In the case of a
self-employed person, an addition of 40% of the established
income should be made where the age of the victim at the time of
the accident was below 40 years. Hence, in the present case, the
appellant would be entitled to an enhancement of Rs.2400
towards loss of future prospects.
14. In making the computation in the present case, the court must
be mindful of the fact that the appellant has suffered a serious
disability in which he has suffered a loss of the use of both his
hands. For a person engaged in manual activities, it requires no
stretch of imagination to understand that a loss of hands is a
complete deprivation of the ability to earn. Nothing-at least in the
facts of this case-can restore lost hands. But the measure of
compensation must reflect a genuine attempt of the law to restore
the dignity of the being. Our yardsticks of compensation should
not be so abysmal as to lead one to question whether our law
values human life. If it does, as it must, it must provide a realistic
recompense for the pain of loss and the trauma of suffering.
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FAO No.1617 of 2022 (O&M) -9-
Awards of compensation are not law's doles. In a discourse of
rights, they constitute entitlements under law. Our conversations
about law must shift from a paternalistic subordination of the
individual to an assertion of enforceable rights as intrinsic to
human dignity.
15. The Tribunal has noted that the appellant is unable to even
eat or to attend to a visit to the toilet without the assistance of an
attendant. In this background, it would be a denial of justice to
compute the disability at 90%. The disability is indeed total.
Having regard to the age of the appellant, the Tribunal applied a
multiplier of 18. In the circumstances, the compensation payable
to the appellant on account of the loss of income, including future
prospects, would be Rs. 18, 14,400. In addition to this amount,
the appellant should be granted an amount of Rs. 2 lakhs on
account of pain, suffering and loss of amenities. The amount
awarded by the Tribunal towards medical expenses (Rs 98,908);
for extra nourishment (Rs 25,000) and for attendant's expenses
(Rs 1 lakh) is maintained.The Tribunal has declined to award any
amount towards future treatment. The appellant should be
allowed an amount of Rs. 3 lakhs towards future medical
expenses. The appellant is thus awarded a total sum of Rs.
25,38,308 by way of compensation. The appellant would be
entitled to interest at the rate of 9% p.a. on the compensation
from the date of the filing of the claim petition. The liability to
pay compensation has been fastened by the Tribunal and by the
High Court on the insurer, owner and driver jointly and severally
which is affirmed. The amount shall be deposited before the
Tribunal within a period of 6 weeks from today and shall be paid
over to the appellant upon proper identification."
10. The recent decision in Parminder Singh v. New India Assurance
Co. Ltd (2019) 7 SCC 217 , involved an accident victim who underwent
surgery for hemiplegia. According to the treating medic, he could not
work as a labourer or perform any agricultural work, or work as a
driver (as he was wont to); the assessment of his disability was at 75%,
and of a permanent nature. The court held that:
"5.2. On the basis of the affidavit filed by the employer of the
appellant, we accept that the income of the appellant was Rs.
10,000 p.m. at the time of the accident, for the purpose of
computing the compensation payable to him.
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FAO No.1617 of 2022 (O&M) -10-
5.1. The appellant has however, produced an affidavit by his
employer in this Court. As per the said affidavit, the appellant
was earning Rs. 10,000 p.m. at the time of the accident.
5.3. Taking the income of the appellant as Rs. 10,000 p.m., with
future prospects @ 50% as awarded by the High Court, the total
income of the appellant would come to Rs. 15,000 p.m.
5.4. The appellant was 23 years old at the time when the accident
occurred. Applying the multiplier of 18, the loss of future
earnings suffered by the appellant would work out to Rs. 15,000 x
12 x 18 = Rs. 32,40,000.

5.7. In K. Suresh v. New India Assurance Co. Ltd (2012) 12
SCC 274 , this Court held that at page 279, para 10 :
"10. It is noteworthy to state that an adjudicating authority, while
determining the quantum of compensation, has to keep in view
the sufferings of the injured person which would include his
inability to lead a full life, his incapacity to enjoy the normal
amenities which he would have enjoyed but for the injuries and
his ability to earn as much as he used to earn or could have
earned. Hence, while computing compensation the approach of
the Tribunal or a court has to be broadbased. Needless to say, it
would involve some guesswork as there cannot be any
mathematical exactitude or a precise formula to determine the
quantum of compensation. In determination of compensation the
fundamental criterion of "just compensation" should be inhered."
*
5.9. In the present case, it is an admitted position that it is not
possible for the appellant to get employed as a driver, or do any
kind of manual labour, or engage in any agricultural operations
whatsoever, for his sustenance. In such circumstances, the High
Court has rightly assessed the appellant's functional disability at
100% insofar as his loss of earning capacity is concerned. The
appellant is, therefore, awarded Rs. 32,40,000 towards loss of
earning capacity."
11. Yet later and more recently in an accident case, which tragically left
in its wake a young girl in a life-long state of paraplegia, this court, in
Kajal v. Jagdish Chand, (2020) 4 SCC 413 reiterated that in addition to
loss of earnings, compensation for future prospects too could be factored
in, and observed that:
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FAO No.1617 of 2022 (O&M) -11-
"14. In Concord of India Insurance Co. Ltd. v. Nirmala Devi
[Concord of India Insurance Co. Ltd. v. Nirmala Devi, (1979) 4
SCC 365 : 1979 SCC (Cri) 996 : 1980 ACJ 55] , this Court held :
(SCC p. 366, para 2)
"2. .. the determination of the quantum must be liberal, not
niggardly since the law values life and limb in a free country in
generous scales."
15. In R.D. Hattangadi v. Pest Control (India) (P) Ltd. [R.D.
Hattangadi v. Pest Control (India) (P) Ltd., (1995) 1 SCC 551 :
1995 SCC (Cri) 250] , dealing with the different heads of
compensation in injury cases this Court held thus : (SCC p. 556,
para 9)
"9. Broadly speaking while fixing the amount of compensation
payable to a victim of an accident, the damages have to be
assessed separately as pecuniary damages and special damages.
Pecuniary damages are those which the victim has actually
incurred and which are capable of being calculated in terms of
money; whereas non-pecuniary damages are those which are
incapable of being assessed by arithmetical calculations. In
order to appreciate two concepts pecuniary damages may
include expenses incurred by the claimant: (i) medical
attendance;
(ii) loss of earning of profit up to the date of trial; (iii) other
material loss. So far as non-pecuniary damages are concerned,
they may include : (i) damages for mental and physical shock,
pain and suffering, already suffered or likely to be suffered in the
future; (ii) damages to compensate for the loss of amenities of life
which may include a variety of matters i.e. on account of injury
the claimant may not be able to walk, run or sit; (iii) damages for
loss of expectation of life i.e. on account of injury the normal
longevity of the person concerned is shortened; (iv)
inconvenience, hardship, discomfort, disappointment, frustration
and mental
stress in life."
16. In Raj Kumar v. Ajay Kumar [Raj Kumar v. Ajay Kumar,
(2011) 1 SCC 343 : (2011) 1 SCC (Civ) 164 : (2011) 1 SCC
(Cri) 1161] , this Court laid down the heads under which
compensation is to be awarded for personal injuries : (SCC p.
348, para 6)
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FAO No.1617 of 2022 (O&M) -12-
"6. The heads under which compensation is awarded in personal
injury cases are the following:
Pecuniary damages (Special damages)
(i) Expenses relating to treatment, hospitalisation, 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."
17. In K. Suresh v. New India Assurance Co. Ltd. [K. Suresh v.
New India Assurance Co. Ltd., (2012) 12 SCC 274 : (2013) 2
SCC (Civ) 279 : (2013) 4 SCC (Cri) 638] , this Court held as
follows : (SCC p. 276, para 2)
"2. .. There cannot be actual compensation for anguish of the
heart or for mental tribulations. The quintessentiality lies in the
pragmatic computation of the loss sustained which has to be in
the realm of realistic approximation. Therefore, section 168 of
the Motor Vehicles Act, 1988 (for brevity "the Act") stipulates
that there should be grant of "just compensation". Thus, it
becomes a challenge for a court of law to determine "just
compensation" which is neither a bonanza nor a windfall, and
simultaneously, should not be a pittance."

Loss of earnings
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FAO No.1617 of 2022 (O&M) -13-
20. Both the courts below have held that since the girl was a
young child of 12 years only notional income of Rs. 15,000 p.a .
can be taken into consideration. We do not think this is a proper
way of assessing the future loss of income. This young girl after
studying could have worked and would have earned much more
than Rs. 15,000 p.a. Each case has to be decided on its own
evidence but taking notional income to be Rs. 15,000 p.a. is not
at all justified. The appellant has placed before us material to
show that the minimum wages payable to a skilled workman is
4846 per month. In our opinion, this would be the minimum Rs.
amount which she would have earned on becoming a major.
Adding 40% for the future prospects, it works to be Rs. 6784.40
per month i.e. 81,412.80 p.a. Applying the multiplier of 18, it
works out to Rs. 14,65,430.40, which is rounded off to Rs.
14,66,000."
12. In view of the above decisive rulings of this court, the High Court
clearly erred in holding that compensation for loss of future prospects
could not be awarded. In addition to loss of future earnings (based on
a determination of the income at the time of accident), the appellant is
also entitled to compensation for loss of future prospects, @ 40%
(following the Pranay Sethi principle).”
12. Taking into consideration the facts of the present case and the
above-referred judgment in Pappu Deo Yadav’s case (supra), it is held
that the appellant/claimant is entitled for 40% addition in income to the
actual income while computing future prospects under the head of loss of
future prospects following the principles laid down in National Insurance
Company Ltd. Vs. Pranay Sethi and others , 2017(4) RCR (Civil) 1009.
13. Taking into consideration the facts of the present case and the
judgments referred above, appellant/claimant is held entitled to enhanced
compensation re-assessed as hereunder:-
Assessment
Date of Accident 12.12.2017
Age of claimant 28 years
Occupation agriculturist
Claimant Self
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FAO No.1617 of 2022 (O&M) -14-
1. Annual Income Rs.1,14,636/- (Rs.9553
x12)
2. Future prospects @ 40% Rs.1,60,490/-
Rs.1,14,636/- + Rs.45,854/-
3. Loss of future earnings @ 40% functional
disability by applying multiplier of 17
Rs.1,60,490/- x 40% x 17
Rs.10,91,332/-
4. Pain and mental suffering (as awarded by Rs.40,000/-
the Tribunal)
5. Diet, attendant charges (as awarded by the Rs.10,000/-
Tribunal)
6. Transportation charges (as awarded by the Rs.15,000/-
Tribunal)
7. Loss of income during treatment (as Rs.12,738/-
awarded by the Tribunal)
8. The expenses on medicines (as awarded Rs.1,48,826/-
by the Tribunal)
9. Amount awarded by Tribunal Rs. 5,18,879/-
10. Enhanced amount Rs.7,99,017/-
11. Final enhanced compensation Rs.13,17,896/-
14. In view of the above, the award dated 18.11.2021 passed by
the Tribunal is modified to an extent that appellant/claimant is held entitled
for final enhanced compensation of Rs.13,17,896/- along with interest @
7.5 % per annum (as awarded by the Tribunal) from the date of filing of
the claim petition till the date of actual realization.
15. The respondents No.1, 2 and 4 being driver, owner and
Insurance Company are directed to deposit the final enhanced
compensation jointly and severally along with interest with the Tribunal
within a period of 02 months from the date of passing of this judgment.
16. The Tribunal is further directed to disburse the final enhanced
compensation along with interest, in the account of the appellant/claimant.
The appellant/claimant is directed to furnish his bank account details to the
Tribunal.
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FAO No.1617 of 2022 (O&M) -15-
17. The present appeal is allowed in the aforesaid terms.
18. Pending application(s), if any, shall also stand(s) disposed of.
NOVEMBER 5, 2026 (DEEPINDER SINGH NALWA)
‘D. Gulati’ JUDGE
Whether speaking/reasoned : yes/no
Whether reportable : yes/no
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