Ramesh v. Balihar Singh And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision : 05.05.2025 Ramesh ....Appellant

Versus

Balihar Singh and others ....Respondents

CORAM:

HON'BLE MR. JUSTICE PANKAJ JAIN Present :

Mr. Amit Chaudhary, Advocate for the appellant.

Mr. R.C. Gupta, Advocate for respondent No.3/Insurance Co.

PANKAJ JAIN, J. (ORAL) Appellant is claimant, who suffered injuries in a motorvehicular accident, dated 16.05.2014. He remained hospitalized from the date of accident till 25.07.2014. The claimant is a 42 year old man having agricultural holding of 10 acres and claims to be running a milk dairy. Dr. Vinod Sharma, SMO, General Hospital, Fatehabad appeared as PW1 and proved that the injured-claimant suffered permanent disability to the extent of 75% on account of multiple fractures.

2.

Tribunal awarded him compensation as under:

1.

Pain & Suffering Rs.25,000/- 2.

Permanent disability Rs.1,50,000/- 3.

Medical expenses Rs.4,00,000/- 4.

Loss of amenities of life, loss of earning capacity and future Rs.60,000/-

income etc.

5.

Transportation charges Rs.10,000/- 6.

Special diet and attendant Rs.5,000/- Total Rs.6,50,000/- 3.

Keeping in view ratio of law laid down by Supreme Court in the case of National Insurance Company Limited vs. Pranay Sethi and others', 2017 (16) SCC 680 and Smt. Sarla Verma and others vs. Delhi Transport Corporation and another, (2009)6 SCC 121, the compensation needs to be reworked. Loss of income on account of permanent disability needs to be assessed by applying multiplier method. 4.

Income of the injured is taken as Rs.7,500/- per month keeping in view the minimum wages notified by State of Haryana, i.e. Rs.6,562/- per month. The monthly wages have been assessed more than minimum wages as the claimant is man of status having holding of 10 acres. Keeping in view his age at the time of accident i.e. 42 years, multiplier of 14 needs to be applied. Thus, his loss of income is assessed at Rs.9,45,000/- (Rs.5,625/- X 12 X 14). In view of ratio of law laid down in Pranay Sethi's case (supra), future prospects of 25% are to be added. Claimant is further awarded a sum of Rs.2,00,000/- for pain and sufferings. Rs.4,00,000/- as awarded on account of medical expenses on actual basis by the Tribunal, are maintained. Further amount of Rs.2,00,000/- is awarded for loss of amenities. Claimant is further awarded a sum of Rs.25,000/- for transportation charges; Rs.25,000/- for special diet, and Rs.25,000/- as attendant charges.

5.

The appellant 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.

6.

The impugned award is modified to the aforesaid extent. 7.

Needless to say any amount already paid to the claimant/ appellant in execution of the award shall be set off. 8.

Instant appeal is disposed off accordingly.

May 05, 2025 (Pankaj Jain) Dpr Judge Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No