P&H HC Criticizes lower compensation awarded by Tribunal to injured claimant in motor accident case

07 May 2024 8:19 AM

By: Admin

On April 17, 2023, the Punjab and Haryana High Court delivered its judgment in FAO No.1187 of 2019 (O&M) in a case filed by Jaswant Singh against Rachit Gulati and others. The appellant had challenged the quantum of compensation awarded by the Motor Accident Claims Tribunal, Rupnagar, vide award dated October 29, 2018, after he was injured in a road accident in 2016.

The appellant had claimed that he was driving his motorcycle on the correct side of the road when a car driven by respondent No.1, in a rash and negligent manner, struck him while he had parked on the side of the road to drink water. The respondent denied the accident and the respondent No.3-Insurance Company filed a written statement denying the accident's factum.

The Tribunal had awarded compensation of Rs.11,86,208 to the appellant under various heads. Aggrieved by the compensation awarded, the appellant filed an appeal, challenging the Tribunal's compensation amount.

During the pendency of the appeal, the claimant-appellant filed an application for permission to lead additional evidence. The additional evidence was a disability certificate issued by the Medical Board, Government Medical College and Hospital, Sector 32, Chandigarh, showing the appellant's disability to be 51%.

The High Court heard the arguments of the appellant's counsel and the respondent No.3-Insurance Company's counsel and perused the evidence on record.

The High Court observed that the appellant had undergone eight surgeries and remained admitted in various hospitals for about a year. The Court also noted that the appellant's functional disability was assessed as 25%, and the appellant's vocation as a coaching centre operator was affected by the injury. Hence, an addition of 40% towards loss of future prospects, as per the judgment of Hon'ble Supreme Court in the case of Pappu Deo Yadav vs. Naresh Kumar & Ors., was warranted.

The High Court enhanced the compensation amount and awarded Rs.35,48,608 to the appellant under various heads, including medical bills, future treatment, pain and suffering, loss of amenities of life, and attendant charges. The enhanced amount included future prospects of Rs.1,40,000, a multiplier of 17, and an amount of Rs.2,00,000 towards loss of amenities of life.

The High Court allowed the appeal, modifying the compensation awarded by the Tribunal, and directed the enhanced amount to attract interest @ 7.5% per annum from the date of filing of the claim petition till realization of the amount.

Jaswant Singh VS Rachit Gulati and others.