High Court of Punjab and HaryanaFAO/6811/2018disposed of

Surender Singh v. Bahadur Singh And ORS.

2025-11-11Mr. Justice Pankaj Jain5 pages

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! " ! ) "16. In view of the said legal position, the compensation can be assessed in pecuniary heads i.e. the loss of future earning, medical expenses including future medical expenses, attendant charges and also in the head of transportation including future transportation. In the non−pecuniary heads, the compensation can be computed for the mental and physical pain and sufferings present and in future, loss of amenities of life including loss of marital bliss, loss of expectancy in life, inconvenience, hardship, discomfort, disappointment, frustration, mental agony in life etc."

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Compensation 1.

Loss of earning due to disability 2.

Loss of earning for 6 months 3.

Medical expenses 4.

Future medical expenses 5.

Attendant Charges 6.

Litigation charges 7.

Loss of conveyance 8.

Pain and suffering 9.

Marriage prospects 10.

Loss of amenities

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For the purpose of attendant charges, it is not in dispute that the claimant0appellant suffered 100% permanent disability due to the accident. She would require lifelong support and an attendant to assist her in his daily activities. This Court in Kajal v. Jagdish Chand, (2020) 4 SCC 413 had observed that for determining the attendant charges, the requirement of the claimant must be taken into consideration.

14.

In our view, in furtherance of the above0mentioned explosion of law, it would be just and fair to award a compensation of Rs.21,60,000/0 (Rs. 10,000 x 12 x 18) to the claimant0appellant, towards the head of attendant charges.

15.

As a result of the discussion above, the compensation payable to the claimant0appellant in accordance with the law is as follows :

<:* ==> =?* = Compensation Heads Amount Awarded In Accordance with Monthly Income Rs.10,000/0 Master Ayush v. the Branch Manager, Yearly Income Rs.1,20,000/0 Reliance General Insurance Co. Ltd. & Anr.

(2022) 7 SCC 738 Para 10 Yearly Income Rs.1,20,000/0 Future Prospects (40%) Rs.1,20,000/0 +48,000/0 = Rs.1,68,000/0 National Insurance Co. Ltd. v.

Pranay Sethi (2017) 16 SCC 680 Para 42 and 59 Multiplier (18) Rs.1,68,000/0 x 18 =Rs. 30,24,000/0 Permanent Disability (100%) 100% of 30,24,000/0 = Rs.30,24,000/0 Arvind Kumar Mishra v. New India Insurance Co. Ltd., (2010) 10 SCC 254 Para 13 and 14 Loss of Income/Future Earnings due to Disability Rs.30,24,000/0 Attendant charges 10,000x12x18 = Rs.21,60,000 Kajal v. Jagdish Chand (2020) 4 SCC 413 Para 25, 28 & 29 Future Medical expenditure Rs.5,00,000/0

Marriage prospects Rs.3,00,000/0 Special Diet & Transportation Rs.1,00,000/0 Sidram v. Divisional Manger Transportation, United India Insurance Ltd. (2023) 3 SCC 439 Para 89 Pain and suffering Rs.10,00,000/0 K.S. Muralidhar v. R.Subbulakshmi and Anr. 2024 SCC Online SC 3385 Para 13 and 14 Loss of Income during treatment (for 28 Days) Rs.10,000/0 Loss of Amenities Rs.2,00,000/0 Mohd. Sabeer alias Shabir Hussain v. Regional Manager, U.P. State Road Transport Corporation, (2022) SCC Online SC 1701 Para 23 and 26 Artificial Limb Rs.26,58,420/0 Total Rs.99,52,420/0 . ( 4 ( ( &

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&' Injured SURENDER SINGH Date of Accident 01.11.2013 Age 39 years Permanent Disability 100% qua body (Proved) Annual Income Rs.72,000/0 Future prospects (40%) Rs.28,800/0 A. Loss of Income due to disability (72,000+28800 = Rs.1,00,800) x 15 Rs.1,00,800 x 15 = Rs.15,12,000/0 B. Loss of Amenities of life Rs.5,00,000/0 C. Pain and suffering Rs.5,00,000/0 D. Special Diet Rs.2,00,000/0 E. Attendant Charges Rs.3,000 x 12 = 36,000/0 x 13 = Rs.4,68,000/0 F. Transportation charges Rs.1,00,000 G. Future Medical expenditure Rs.5,00,000/0 TOTAL Rs.37,80,000/0

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