Surjit Singh vs Sanjay and Others

Vijender Singh Malik, J.—This is an appeal brought by the claimant for enhancement of compensation awarded to him by learned Motor Accidents Claims Tribunal, Hoshiarpur (for short ''the Tribunal''), vide award dated 12.01.2012 in a sum of Rs. 4,94,890/- for the injuries he suffered in a road side accident. Surjit Singh claimed in his claim petition, brought u/s 166 of the Motor Vehicles Act, 1988, to have suffered injuries in a road side accident that took place on 10.01.2010. Claiming the accident to have occurred due to rash and negligent driving of Sanjay, respondent No. 1, it is averred that the claimant has been 30 years old at the time of the accident and was a conductor with M/s. Jhang Bus Service Jalandhar and was earning Rs. 5000/- per month. It is also averred that great pain and agony has been suffered by the claimant on account of the multiple injuries including fracture and that he has lost his income. He has claimed compensation in a sum of Rs. 10,00,000/-.

Respondents have denied not only the manner in which the accident is claimed to have taken place but also the other averments of the claimant.

Learned Tribunal has awarded Rs. 4,94,890/- as compensation payable to the claimant for his injuries.

Learned counsel for the appellant has submitted that learned Tribunal has taken Rs. 14,090/- as the expenses incurred in the medical treatment of the claimant. According to him, he did not take into consideration any amount which could have been spent without obtaining the bills. According to him, learned Tribunal has assessed loss of future income to the claimant by applying the multiplier system and has taken the multiplier of 16. According to him, the age of the claimant had been 30 years and the multiplier available in his case is of 17.

He has further submitted that learned Tribunal has not assessed a single penny in the name of special diet, attendant charges, loss of future enjoyment of life and transportation expenses. He has further submitted that the compensation awarded by the Tribunal deserves suitable enhancement.

Learned counsel for respondent No. 3 has submitted that learned Tribunal has taken the disability at 80%. According to him, it was disability of a particular limb and it could not be taken qua the whole body. According to him, the Tribunal has assessed compensation at a just and proper amount which does not call for any upward revision.

There is nothing on the record to suggest that the disability suffered by the claimant is qua a particular limb. Ex.A-19 is the disability certificate of the claimant, which mentions him to be a case of right upper brachial plexopathy. The disability is shown to be permanent. The compensation, therefore, appears to have been rightly calculated by taking the disability at 80%. However, the multiplier in this case for the claimant who met with this problem at the age of 30 years should be of 17. The annual loss on account of disability to the income of the claimant has been found by the Tribunal at Rs. 28,800/-. This annual loss when multiplied with 17, comes to Rs. 4,89,600/-.

Learned Tribunal has awarded a sum of Rs. 14,090/- as compensation for medical expenses. As he has not taken care of some amount that might have been spent without obtaining bills, I take care of the same and find a sum of Rs. 17,000/- as compensation in this regard. The amount of compensation for pain and suffering assessed at Rs. 20,000/- appear to be proper. However, no amount has been assessed in the name of special diet, attendant and transportation charges. A sum of Rs. 20,000/- is assessed by this court under these three heads jointly.

The appellant has lost future enjoyment of life also on account of the disability, which has not been taken care of by learned Tribunal. Taking into account the extent of disability suffered by the appellant, I find a sum of Rs. 50,000/- to be necessary for compensating the appellant with regard to future enjoyment of life. In view of this discussion, I find a sum of Rs. 5,96,600/- as compensation payable to the appellant for the injuries and the disability that resulted therefrom. In this view of the matter, the appeal succeeds and is allowed enhancing the compensation from Rs. 4,94,890/- to Rs. 5,96,600/-, which shall be payable to the appellant with interest as allowed by the Tribunal.