Bhupender @ Lalu v. Ishwar Singh And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH **** FAO-5721-2013 Date of Decision:12.11.2025 Bhupender @ Lalu .....Appellant Vs.

Ishwar Singh and Others .....Respondents CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Ms. Bhumika Khatri, Advocate for Mr. Ram Darshan Yadav, Advocate for the appellant.

Mr. Aman Gautam, Advocate and Mr. Sakeel Ahmad, Advocate for respondent Nos.1 and 2.

Mr. Rahul Pathania, Advocate for respondent No.3- NIC.

**** DEEPAK GUPTA, J. (ORAL) It is claimant's appeal seeking enhancement.

2.

Appellant sustained serious injuries making him 100% disabled permanently, in a motor vehicular accident caused due to the user of Maru0 Swi2 Car No.HR-36Q-6917. The claim pe00on under Sec0on 163-A of the Motor Vehicle Act was filed against the driver, owner and insurer of the offending vehicle. Learned Tribunal vide award dated 01.10.2013 awarded compensa0on of ₹6,92,750/- along with interest. The claimant as well as the insurer filed separate appeals. FAO No.1666 of 2014 filed by the insurance company has already been dismissed by a co-ordinate Bench of this Court on 08.01.2020.

NEETIKA TUTEJA 2025.11.12 17:16 I attest to the accuracy and integrity of this document

FAO-5721-2013 -23.

In the present appeal filed by the claimant, learned counsel for the appellant submits that since the appellant has become 100% disabled, therefore, the compensa0on should be enhanced. 4.

Perusal of the award would reveal that the pleaded income of the appellant is ₹39,000/- per annum, which has been taken into considera0on by the Tribunal. The appellant was 32 years of age at the 0me of accident and so, mul0plier of '17' has been taken into account, which is also proper in view of "Sarla Verma and others v. Delhi Transport Corporaon and another", (2009) 6 Supreme Court Cases 121. Based upon the income as pleaded by the appellant and the proper mul0plier, an amount of ₹6,63,000/- has been awarded under the head of compensa0on for injuries for 100% disability.

5.

In the aforesaid facts and circumstances, this Court does not find any scope for further enhancement, as assessment is based on structured formula.

No merits. Dismissed.

(DEEPAK GUPTA) JUDGE November 12, 2025 Nee0ka Tuteja Whether Speaking/reasoned Yes/No Whether Reportable Yes/No NEETIKA TUTEJA 2025.11.12 17:16 I attest to the accuracy and integrity of this document