Bhagwant Kaur v. Dharamvir & ORS
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Date of decision : 09.03.2026 Bhagwant Kaur ....Appellant
Versus
Dharamvir and others
...Respondents
FAO No.1990 of 2015 (O&M) Darbara Singh ....Appellant
Versus
Dharamvir and others
...Respondents
FAO No.3311 of 2015 (O&M) Yuvraj Gill and others ....Appellants
Versus
Dharamvir and others
...Respondents
CORAM:
HON'BLE MR. JUSTICE PANKAJ JAIN Present :
Mr. Vaibhav Jain, Advocate for the appellant(s).
Mr. H.P.S. Ishar, Addl. A.G., Punjab.
PANKAJ JAIN, J. (ORAL) CM-2021-CII-2015 in FAO-737-2015 This is an application filed under Section 5 of Limitation Act seeking condonation of delay of 48 days in filing the instant appeal. For the reasons recorded in the application, this Court is satisfied that the applicant/appellant has made out a sufficient cause for
condonation of delay.
Consequently, the present application is allowed. The delay of 48 days in filing the instant appeal is hereby condoned. CM-6195-CII-2015 in FAO-1990-2015 This is an application filed under Section 5 of Limitation Act seeking condonation of delay of 02 days in filing the instant appeal. For the reasons recorded in the application, this Court is satisfied that the applicant/appellant has made out a sufficient cause for condonation of delay.
Consequently, the present application is allowed. The delay of 02 days in filing the instant appeal is hereby condoned. CM-9878-CII-2015 in FAO-3311-2015 This is an application filed under Section 5 of Limitation Act seeking condonation of delay of 02 days in filing the instant appeal. For the reasons recorded in the application, this Court is satisfied that the applicants/appellants have made out a sufficient cause for condonation of delay.
Consequently, the present application is allowed. The delay of 02 days in filing the instant appeal is hereby condoned. Main Appeals These are three appeals arising out of three claim petitions filed by the claimants seeking compensation on account of loss suffered in a motor-vehicular accident, dated 26.07.2012.
2.
MACT case No.13 of 2013 was filed seeking compensation on account of death of Ms. Gurpreet Kaur, a home-maker, who lost her life in the accident at the age of 35 years. FAO No. 3311 of 2015 arises out of the same.
3.
MACT case No.15 of 2013 was filed by Darbara Singh seeking compensation on account of severe head injury suffered by him at the age of 65 years in the said accident. FAO No.1990 of 2015 arises therefrom. 4.
MACT case No.16 of 2013 was preferred by Bhagwant Kaur who suffered multiple fractures in the same accident. By filing FAO No.737 of 2015, she seeks enhancement of compensation awarded by the Tribunal. 5.
In all the three appeals, claimants seek enhancement of compensation. No other issue has been raised. FAO No.737 of 2015 6.
As per medical evidence on record, claimant who is a homemaker suffered fracture of proximal humerus left side and potts fracture right (Ankle joint) and also fracture of neck of right femur. She was operated twice and was discharged after almost 20 days on 12.08.2012. She was advised bed rest for 11⁄2 month. Tribunal awarded a sum of Rs.2,12,363/- on account of medical expenses on actual basis. Rs.8,000/- was awarded on account of forced rest and attendant and Rs.60,000/- on account of pain and suffering.
7.
The aforesaid award is modified as under:
Heads Compensation awarded in Rs.
Reasons Medical Expenses 2,12,363/- Actual retained as per bills proved on record (Ex.PW4/1 to Ex.PW4/34).
Pain and suffering 1,00,000/- Appellant was about 60year-old undergoing a hipreplacement surgery and multiple other fracturesTraumatic Injuries Attendant charges and forced rest 15,000/- She was hospitalized for 12 days and prescribed bed rest for 42 days. Assuming an attendant was needed for at least three months, at minimum wage circa 2012 (Rs.4,500 - 5,000/- per month), Rs.15,000/- is a conservative estimate Special diet 50,000/- Hospitalized for 12 days and 42 days of complete bed rest suggests she had to undergo special treatment and care.
Transportation/Conveyance 30,000/- Multiple visits from Sirsa to Hisar. Had to avail private transportation service due to injuries and disability.
Loss of Amenities & Enjoyment of Life 50,000/- A hip-replacement permanently restricts mobility, and severely affects daily functions, thereby drastically reducing the enjoyment of life.
Loss of Income/services during treatement 15,000/- Applying a notional income of Rs.5,000/- per month for 3 months = 15,000/- Hospitalization of 12 days and complete bed rest of 42 days (Total 54 days).
Further, her physical ability was also affected.
Future medical expenses 50,000/- For future medical treatment and expenses.
FAO No.1990 of 2015 8.
Darbara Singh was 65 years of age at the time of accident. He suffered severe head injury. He was diagnosed with left frontal depressed
fractures. He remained hospitalized from 26.07.2012 till 11.02.2013. He had to undergo a neurosurgery. Tribunal awarded him a sum of Rs.2,08,500/- on account of medical expenses on actual basis. Rs.40,000/- have been awarded on account of forced rest and attendant. Rs. 60,000/- have been awarded on account of pain & suffering. 9.
Keeping in view the established parameters of law, the compensation is re-worked as under:
Heads Compensation awarded (in Rs.) Reasons Medical Expenses 2,08,500/- Actual medical bills strictly proved on record (Ex.PW3/7 to Ex.PW3/22).
Future Medical Expenses 1,00,000/- Severe head/brain injuries typically require prolonged follow-up, future medication, and care.
Pain and suffering 2,00,000/- For 6.5 months of hospitalization and brain surgery, Rs.60,000 is extremely meager Loss of Amenities & Enjoyment of Life 1,00,000/- The Tribunal entirely skipped this non-pecuniary head. A 65 year old suffering a depressed frontal fracture will have a severe reduction in the quality of life and inability to perform daily routines.
Attendant charges 50,000/- (5000X10 months) 6.5 months of hospitalization and post discharge care.
Special diet 75,000/- Head trauma and prolonged hospitalization require a protein-rich/special diet for recovery.
Conveyance/Transportation 30,000/- Loss of Income during treatment (Ld. Tribunal has clubbed this head with 32,500/- 65 year old homemaker -Taking the minimum wage of an unskilled worker in
attendant charges) Haryana in 2012 (approx.
Rs.5,000/- per month) x 6.5 months of absolute bed rest/hospitalization.
FAO No.3311 of 2015 10.
The claim petition pertains to death of Gurpreet Kaur, who lost her life at the age of 35 years. She was a home-maker. Her income is notionally assessed as Rs.10,000/- per month. In the light of ratio of law laid down by Supreme Court in the case of Smt. Sarla Verma and others vs. Delhi Transport Corporation and another, (2009) 6 SCC 121, National Insurance Company Limited vs. Pranay Sethi and others, (2017)16 SCC 680 and Magma General Insurance Company Limited vs. Nanu Ram alias Chuhru Ram and others - Civil Appeal No.9581 of 2018, decided on 18.09.2018, the compensation is re-worked as under: Heads Compensation awarded (in Rs.) Reasons Monthly notional income 10,000/- (No deduction as she was home-maker) Annual Income Rs.
1,20,000/- Total loss of Income Multiplier Applicable mutiplier for age 35 [as per Sarla Verma's case (supra)] Total Loss of Dependency 19,20,000/- Annual Income x 16 [as per Sarla Verma's case (supra)] Loss of Love & Affection 48,400/- to each of the claimants Standard fixed amount as per Pranay Sethi's case (supra) Loss of Estate Rs.18,000/- Standard fixed amount as per Pranay Sethi's case Funeral Expenses Rs.18,000/- Standard fixed amount as per Pranay Sethi's case 11.
The instant appeals are disposed off accordingly.
12.
Needless to say, anything paid to the appellants/claimants shall be set off.
13.
Pending application, if any, shall also stand disposed off. 14.
A copy of this order be kept on the files of other connected cases.
March 09, 2026 (Pankaj Jain) Dpr Judge Whether speaking/reasoned :
Yes/No Whether reportable :
Yes/No