High Court Upholds Compensation Award in Motor Vehicle Accident Case, Cites “Assessment Based on Income Tax Return”
In a recent judgment, the High Court of Punjab and Haryana at Chandigarh upheld the compensation awarded to a claimant who had sustained multiple fractures in a motor vehicle accident. The court’s decision rested on various factors, including income assessment, permanent physical disability, and future loss of earnings.
The claimant, Mr. Gurmukh Singh, had been involved in a road accident on July 5, 2015, resulting in severe injuries to his left ankle. He underwent multiple surgeries and incurred substantial medical expenses during his treatment. Mr. Singh, an electrical contractor by profession, had a monthly income that was assessed based on his income tax return filed prior to the accident. The court considered this income tax return, which indicated an annual income of ₹2,46,300, in determining his monthly income as ₹20,525.
Furthermore, the court assessed the permanent physical disability of Mr. Singh at 25%, in contrast to the 40% assessed by the lower tribunal. This adjustment took into account the claimant’s difficulty in running, standing for extended periods, and climbing stairs due to his left ankle injury.
The judgment also recognized the claimant’s suffering and the impact on his life. Mr. Singh had been bedridden for several months after the accident, leading to a loss of income. The court acknowledged this and awarded compensation for pain and suffering, transportation charges, attendant charges, and loss of amenities of life.
Regarding interest, the court noted that the claimant was granted interest from the date after 30 days of the injury, in accordance with earlier precedents.
In summarizing its decision, the High Court upheld the compensation worth ₹10,61,660 awarded by the lower tribunal. As a result, the appeals filed by both the claimant and the insurance company were dismissed.
This judgment highlights the importance of considering income tax returns in assessing compensation for personal injury cases, as well as the need to accurately evaluate the impact of permanent disabilities on a claimant’s future earnings and quality of life.
Date of Decision: September 26, 2023
Gurmukh Singh vs Santokh Singh @ S.S.Grover and others
