Sajjan Singh vs Ujjagar Singh and Others

Vijender Singh Malik, J.—This is claimant''s appeal for enhancement of compensation awarded to him by the Motor Accidents Claims Tribunal, Rupnagar (for short, "the Tribunal") vide award dated 1.10.2010 in a sum of Rs. 3,50,000/- for the injuries he suffered in a roadside accident that took place on 26.12.2008. Since enhancement alone is claimed in this appeal, the relevant facts can be mentioned as under:

Sajjan Singh, the claimant-appellant was going on a scooter bearing registration No. PB-16A-4508 from village Dher to village Mahain alongwith one Kartar Singh. The said scooter was driven at a normal speed. A TATA-207 bearing registration No. HP-20C-0103 driven by respondent No. 1 in a rash and negligent manner came on wrong side of the road and struck against their scooter despite the fact that the scooter was brought to kacha portion of the road. The claimant fell down and suffered multiple injuries. Right leg of the claimant had to be amputated during his treatment. The claimant was first taken to Civil Hospital, Anandpur Sahib from where he was referred to P.G.I., Chandigarh. A sum of Rs. 2.50 lacs is claimed to have been spent by the claimant on his treatment which is said to be still going on. The claimant was serving as a driver with Lamba Transporter, Nangal Township and was earning Rs. 8,000/- per month. On account of the accident, his future prospects have been ruined at the age of 35 years. The aforesaid facts are denied by the respondents in their respective written statements.

After due trial, the Tribunal assessed and allowed a sum of Rs. 3,50,000/- as compensation payable to the claimant-appellant vide the award in question.

Learned counsel for the appellant has contended that the right leg of the appellant was amputated above the knee joint. According to him, his disability has been assessed at 85%. He has further submitted that as the appellant was a driver by profession, this disability of 85% would amount to 100%. He has further submitted that the amount assessed for loss of future income is on a lower side. According to him, the amount assessed for special diet, attendant and transportation is also on the lower side.

Learned counsel for the respondents, on the other hand, have submitted that adequate compensation has been awarded to the claimant for the injuries he has suffered in the accident and no upward revision is to be made thereto in the circumstances of this case.

It is true that 85% disability of this nature to a driver would amount to complete disability. However, it cannot be said that a driver who had lost his right leg cannot do any other work. It cannot be believed that a person who was driving a vehicle would remain idle throughout his lift on account of this disability.

There is no dispute regarding the amount of the bills on which a sum of Rs. 80,000/- has been assessed as compensation by the Tribunal. However, I find a sum of Rs. 1.50 lacs assessed for loss of future income to be on lower side. In my opinion, a sum of Rs. 2.00 lacs at least is required to be payable to the claimant under this head. Expenses on special diet, attendant and transportation which are allowed in a sum of Rs. 13,000/- are also liable to be enhanced to Rs. 20,000/-. The amount allowed for loss of income during the treatment at Rs. 7000/- is also liable to be enhanced to Rs. 10,000/-. No upward revision is deserved by loss of future enjoyment of life which is assessed at Rs. 1,00,000/-. In this way, the appellant deserves the following amounts to be paid as compensation under different heads:-

Consequently, the appeal succeeds and is allowed enhancing the compensation from Rs. 3,50,000/- to Rs. 4,10,000/- with other terms regarding rate of interest etc. appearing in the award of the Tribunal remaining the same.