In FAO-3833-2017-PUNJ HC- Amputation of leg will be cause of frustration, discomfort and inconvenience throughout claimant’s life that can't be calculated mathematically: P&H HC asks Insurance Company to pay enhanced compensation
Justice Ritu Tagore [03-03-2023] 

Read Order: PRINCE SHARMA V. ASHWANI KUMAR KAUSHAL AND OTHERS

LE Correspondent

Chandigarh,  March 7, 2023: While considering a claimant’s appeal challenging the award passed by the Rupnagar Motor Accident Claims Tribunal, the Punjab and Haryana High Court has directed the respondent-Insurance Company to award a compensation of Rs 7.64 lakh  alongwith 6% interest. 

A Single-Judge Bench of Justice Ritu Tagore allowed the present appeal and said, “The Tribunal while assessing loss of income to the claimant failed to account for future prospects, which the claimant would have gained with the passage of time.”

The present appeal was filed by the claimant-injured, challenging the award dated December 13, 2016 passed by the Motor Accident Claims Tribunal seeking enhancement of compensation.

Prince Sharma, claimant, sustained injuries in a motor vehicular accident caused by  the first respondent - driver while driving the offending vehicle in a rash and negligent manner.

Claimant-injured  filed a petition under Section 166 of the Motor Vehicles Act, 1988 claiming his age as 27 years and his occupation as a gardener in Municipal Council, Nangal Township at a salary of Rs 6,000 p.m. He claimed that he had also been working as a part time driver on a private basis, with a cumulative income of about Rs 20,000 per month from both his jobs at the time of the accident.

In pursuance of notice, respondents (driver, owner and insurer) filed their respective pleadings, denied their involvement in the accident and consequently their liability to pay compensation.

 The Tribunal through the impugned award recorded a positive finding in favor of the claimant and against the first respondent -driver on the issue of rash and negligent driving of the offending vehicle and awarded a sum of Rs 3, 95,165 as compensation along with interest @ 9 % annum from the date of filing of the petition till realization and made all the respondents jointly and severally liable to pay compensation.

Aggrieved with the award of the Tribunal, the claimant preferred this appeal for enhancement of compensation.

After considering the submissions from both the sides, the Court noted that the Tribunal while assessing loss of income to the claimant failed to account for future prospects, which the claimant would have gained with the passage of time. 

Reference was made to the case of Sidram vs. The Divisional Manager, United India Insurance Co. Ltd. and another, wherein the Top Court reaffirmed the well settled position of law that even 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 as well.

Further reference was also made to the judgment in National Insurance Company Limited vs. Pranay Sethi and others. 

The High Court thus directed the respondent-company to pay the claimant- appellant total compensation (as enhanced) at Rs.7, 64,245 at the rate of 6% interest per annum from the date of filing of the claim petition till its realization, within a period of two months from the date of receipt of certified copy of this judgment, with the Tribunal.

Thus, the appeal was accordingly allowed.