FAO-3889-2002 IN THE HIG Baby Meenakshi Arjun & Others CORAM: HON’BL Present:- Mr. for t Mr. For r DEEPAK GUPTA, The enhancement of Tribunal, Faridab 2. The appellant–claima along with other struck by truck N The accident res left femur. Separ decided by a compensation of several liability u 3. Assa appellant conten the injury, prolon It is argued that physical pain but Page No. 1 of 4 HIGH COURT OF PUNJAB AND HAR FAO No. 3889 of 2002( Date of decision: 25.02 kshi Versus ers N’BLE MR. JUSTICE DEEPAK GUPTA Mr. Ankur Kaushik, Advocate for the appellant. Mr. Paul S. Saini, Advocate For respondent No.3-Insurance Com *** TA, J. The present appeal has been pre t of compensation awarded by the idabad vide award dated 03.05.2002 The facts emerging from the reco imant Meenakshi, aged about 13 y thers, was waiting for a bus near Re ck No. HRU-1170, driven rashly an resulted in multiple injuries to th eparate claim petitions were filed b a common award, whereby t n of ₹30,000/- to the present clai ity upon the respondents, to pay the Assailing the adequacy of the aw ntends that the Tribunal has failed rolonged treatment, and the perma that the claimant being a minor sch but also long-term discomfort affec HARYANA AT CHANDIGARH 02(O&M) 5.02.2026 …Appellan …Respondent PTA Company. preferred by the claimant seekin the learned Motor Accident Claim 2002. record are that on 27.08.1998, th 13 years and a student of 9th class r Rest House, Palwal, when she wa and negligently by respondent No.2 o the claimant including fracture o led by the injured persons and wer y the learned Tribunal granted claimant while fastening joint and y the same with interest. e award, learned counsel for the iled to appreciate the seriousness o rmanent disability assessed at 10% r school-going girl suffered not onl affecting her enjoyment of life. llant ents eking laims , the class, was No.2. re of were nted and the ss of 10%. only JITEN SHARMA 2026.02.26 17:56 I attest to the accuracy and integrity of this document FAO-3889-2002 4. On submits that tho earning capacity though moderate 5. Havi record, this Cou manifestly inade compensation” c 6. The fracture of femu suffered 10% pe despite recordin which fails to ref a young girl. 7. It is particularly invol In R.D. Hattanga Hon’ble Supreme pain, suffering, lo of life, and that n precision but mu 8. Furt Co. Ltd., (2014) 1 victims suffer pe adopted even in disability affects Court recognized adequate compe 9. Simi Court reiterated lifelong impact o Page No. 2 of 4 On the other hand, learned coun though disability is proved, there is acity and therefore, the multiplie rate enhancement may be consider Having heard learned counsel for Court finds that the compensatio adequate and does not satisfy the n” contemplated under the Motor V The Tribunal itself has recorded find femur, remained confined to bed permanent disability duly proved rding these findings, the Tribunal reflect the gravity of the injury an It is well settled that assessment o nvolving children, cannot be confine tangadi v. Pest Control (India) Pv reme Court held that compensatio g, loss of amenities and the overal at non-pecuniary damages cannot must be determined on a reasonab Further, in Mallikarjun v. Divisiona 14) 14 SCC 396, the Supreme Cour r permanent disability, a liberal a n in the absence of proof of income cts the child’s future prospects, mo ized that the trauma of disability d mpensation under non-pecuniary co Similarly, in Kajal v. Jagdish Chand, ted that compensation in cases of ct of disability on dignity, indepen ounsel for the Insurance Compan re is no material to establish loss o iplier method cannot be invoked sidered. for the parties and examined the sation awarded by the Tribunal the requirement of awarding “jus tor Vehicles Act. findings that the claimant sustained bed for a considerable period and ved by medical evidence. However nal awarded only a token amoun y and its lasting impact on the life o nt of compensation in injury cases fined to strict proof of medical bills ) Pvt. Ltd., (1995) 1 SCC 551, the sation must adequately account fo erall impact of injury on the qualit not be measured with mathematica nable and judicious basis. ional Manager, National Insurance ourt emphasized that where mino ral and realistic approach must be me or loss of earning capacity, since , mobility, and enjoyment of life. The lity during formative years warrant ry considerations. and, (2020) 4 SCC 413, the Supreme s of injured minors must reflect the ependence, and quality of life, and pany ss of ked, the al is “just ined and ever, ount ife of ases, bills. he t for ality atical rance inor st be since . The rants reme t the , and JITEN SHARMA 2026.02.26 17:56 I attest to the accuracy and integrity of this document FAO-3889-2002 that courts mus meaningful restit 10. App Tribunal in restri of expenses can serious injury in residual disabilit which, though no treated as insigni 11. The method cannot b not preclude en functional disab disability affecti disability in a min amenities, reduc Court in Mallika children, the foc life’s pleasures, Therefore, absen token amount wh 12. In th activities, mobili injury. The award claimant for the impairment prov 13. Cons treatment, perm assessment of enhancement o reasonable comp Page No. 3 of 4 must adopt a compassionate and estitution. Applying the aforesaid principles, stricting compensation primarily du cannot be sustained. A fracture o y involving prolonged immobiliza bility. The medical evidence establ h not shown to have presently affe significant. The objection raised by the Insu ot be applied in absence of proof e enhancement. It is well settle isability operate in different sp ecting earning capacity is not es minor justifies substantial compens educed physical efficiency, and fu llikarjun (supra) and Kajal (supra focus is not immediate earning lo res, educational activities, mobility bsence of multiplier applicability c t when permanent disability and se In the present case, the claimant w obility and physical comfort stood ward granted by the Tribunal does the trauma, prolonged suffering roved on record. Considering the age of the claiman permanent disability, and the of non-pecuniary damages, this t of compensation to ₹1,00,000 ompensation. and pragmatic approach to ensur les, the approach adopted by the ly due to limited documentary proo re of femur in a growing child is ilization, intense pain, and risk o tablishes 10% permanent disability affected earning capacity, cannot be Insurance Company that multiplie oof of loss of earning capacity doe ettled that physical disability and spheres. Even where functiona t established, permanent physica pensation on account of pain, loss o d future discomfort. The Suprem upra) has clarified that in cases o g loss but the long-term impact on bility, and psychological well-being ity cannot be a ground to award d serious injury stand proved. nt was a young girl, whose norma ood adversely affected due to the oes not adequately compensate the ering and the permanent physica imant, nature of injury, duration o the settled principles governin this Court is of the view tha ,000/- would constitute just and sure the proof is a sk of ility, ot be iplier does and ional ysical ss of reme es of ct on eing. ard a rmal the e the ysical n of rning that and JITEN SHARMA 2026.02.26 17:56 I attest to the accuracy and integrity of this document FAO-3889-2002 14. Acco ₹70,000/- over a interest @ 7.5% realization. The determined by th 15. The 25.02.2026 Jiten Whe Whe Page No. 4 of 4 Accordingly, the claimant shall b er and above the amount awarded .5% per annum from the date of he liability of the respondents sh y the Tribunal. The appeal is allowed in the aforesa hether speaking/reasoned : Yes/No hether reportable : Yes/No ll be entitled to enhancement o rded by the Tribunal, together with e of filing of the claim petition ti s shall remain joint and several a resaid terms. (DEEPAK GUPTA) JUDGE t of with n till al as JITEN SHARMA 2026.02.26 17:56 I attest to the accuracy and integrity of this document