Madhu Sodan Pal v. Balbir Singh And ORS
FAO No.733 of 1995
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH FAO No.733 of 1995 Date of decision : 25.04.2025 Madhu Sodan Pal (deceased) through LRs ....Appellant
Versus
Balbir Singh and others ....Respondents
CORAM:
HON'BLE MR. JUSTICE PANKAJ JAIN Present :
Mr. R.P. Dhir, Advocate for the appellant.
Mr. B.S. Jaswal, Advocate for respondent No.1. Mr. Aseem Aggarwal, Advocate for respondents No.2 & 3/UOI (through V.C.) PANKAJ JAIN, J. (ORAL) Injured-claimant seeks enhancement of compensation awarded by the Tribunal on account of permanent disability to the extent of 25% suffered by him in a motor-vehicular accident, dated 03.07.1993. 2.
Claimant was 63 years of age at the time of accident. It has been proved on record that he suffered 25% permanent disability. He has been awarded an amount of Rs.40,000/- as compensation in lump sum. It has come on record that the claimant remained hospitalized from 03.07.1993 till 22.09.1993 i.e. more than 02 months. He was rendered crippled on account of deformity in his leg and permanent disability to the extent of 25% at the old age of 63 years. There is no evidence w.r.t. his income. However, it is claimed that the claimant was working as an agriculturist. Deepak Kumar 2025.05.13 11:59 I attest to the accuracy and integrity of this document
FAO No.733 of 1995 3.
Having heard counsel for the parties, this Court finds that the compensation awarded by the Tribunal needs to be enhanced. 4.
The income of the claimant is notionally taken to be Rs.1,600/- per month. Loss of income on account of permanent disability needs to be assessed applying multiplier method. Multiplier of 7 will be applicable. Thus, the loss of income is assessed at Rs.400 12 7 = Rs.33,600/-. He is awarded another sum of Rs.50,000/- for pain and sufferings, Rs.10,000/- for special diet and Rs.10,000/- for attendant charges. Further, he is granted a sum of Rs.10,000/- for transportation charges and Rs.50,000/- for loss of amenities in life. The claimant shall be entitled for interest @ 7.5% per annum on the enhanced amount, from the date of filing of the claim petition till the actual date of realization.
10.
The impugned award is modified to the aforesaid extent. 11.
Needless to say any amount already paid to the claimant/ appellant in execution of the award shall be set off. 12.
Compensation shall be equally apportioned amongst the LRs of the appellant/claimant.
13.
Instant appeal is disposed off accordingly.
April 25, 2025 (Pankaj Jain) Dpr Judge Whether speaking/reasoned :
Yes/No Whether reportable :
Yes/No Deepak Kumar 2025.05.13 11:59 I attest to the accuracy and integrity of this document