-1- 278 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-5627-2002 Date of Decision: 13.07.2026 GURDEV SINGH ....Appellant Versus SULTAN SINGH & ORS ...Respondents CORAM: HON'BLE MR. JUSTICE PARMOD GOYAL Present: None for the appellant. Ms. Vandana Malhotra, Advocate (through VC) & Ms. Manvi Verma, Advocate for respondent No.3-Insurance Company. PARMOD GOYAL, J. (ORAL) Present appeal has been preferred by injured-appellant/claimant being aggrieved by the impugned award dated 25.09.2002, passed by learned Motor Accident Claims Tribunal, Fatehabad (hereinafter referred to as ‘Tribunal’) vide which Rs.92,805/- was awarded on account injuries suffered by him in motor vehicular accident dated 17.04.1999, caused by rash and negligent driving of respondent driver while driving car bearing registration No.DL-4-CE/8754. 2. Since in present appeal the only issue raised by appellants- claimants is as regards to quantum of compensation and no appeal or cross- objection has been preferred by any of the respondents, therefore, the detailed facts as regards to manner of accident are not being noticed herein for the sake of brevity. RAVINDER DHANIA 2026.07.17 15:16 I attest to the accuracy and integrity of this document FAO-5627-2002 -2- 3. Learned Tribunal had awarded following compensation to the injured-appellant/claimant: On account of disability Rs.52,000/- On account of medical bills Rs.28,863/- On account of pain and sufferings Rs.10,000/- On account of transportation and special diet etc. Rs.2,000/- Total compensation awarded Rs.92,825/- 4. It is the case of the injured appellant/claimant that on account of the accident he fell on the kacha portion of the road and had suffered multiple injuries. The injured appellant-claimant fell unconscious after the accident and his right legs were fractured. 5. Quantum of compensation is being challenged on the ground of non-grant of compensation under the heads loss of income during treatment, loss of future prospects and future amenities of life and compensation for future medical expenses. Injured appellant/claimant has also sought enhancement of compensation under the heads medical expenses, special diet, transportation, attendant charges, pain and sufferings and loss of earning capacity. 6. In the present case, from the evidence of treating Doctor PW-5 and Doctor PW-6 who had issued disability certificate vide Ex.P-19, it is clearly established that injured-appellant/claimant had suffered compound comminuted fractures both bones right leg with loose pieces of bones protruding out of the wound. 7. Injured-appellant/claimant was given treatment, wounds debriment and bone nibbling was done, thereafter, plaster was applied. He remained admitted in hospital from 14.05.1999 to 18.05.1999. Similarly, Dr. D. L. Bansal PW-6 had duly stated that vide disability certificate Ex.P-19, he RAVINDER DHANIA 2026.07.17 15:16 I attest to the accuracy and integrity of this document FAO-5627-2002 -3- had found that injured-appellant/claimant had suffered permanent disability to the extent of 26%. Nature of injuries, nature of treatment, period of hospitalization and extent of permanent disability suffered by injured- appellant/claimant on account of accident, therefore, stands proved. 8. Learned Tribunal had awarded compensation of Rs.30,863/- on account of medical bills, transportation and special diet. No compensation for expenses incurred for attendant has been taken into consideration. Accordingly, consolidated amount of Rs.40,000/- is awarded under the head medical expenses, transportation, special diet and attendant charges etc. 9. Injured-appellant/claimant had suffered compound fractures for which debriment, bone nibbling was done and plaster was applied which shows that injured-appellant/claimant must have undergone immense pain and sufferings, therefore, amount of Rs.10,000/- granted by learned Tribunal under the head pain and sufferings is on lower side and requires enhancement, accordingly, enhanced to Rs.40,000/-. 10. Injured-appellant/claimant had suffered permanent disability on account of accident as proved by PW-6 vide Ex.P-19 to the extent of 26%. Therefore, keeping in view nature of disability and fact that injured- appellant/claimant was engaged in agriculture, functional disability suffered by injured-appellant/claimant for determining loss of earning capacity is taken as 26% to the extent of disability suffered by him. 11. In the present case, injured-appellant-claimant claimed that he was earning Rs.2,00,000/- per annum by cultivating his 09 acres of land and also by taking land on lease. No material has been placed on record by the injured-appellant/claimant except for his self-serving oral assertions regarding his income and vocation. No document showing ownership of land RAVINDER DHANIA 2026.07.17 15:16 I attest to the accuracy and integrity of this document FAO-5627-2002 -4- or showing lease of agriculture land or sale of produce has been placed on record. In absence of any cogent/corroborative evidence led by injured- appellant/claimant to prove his income and vocation, the income of injured- appellant-claimant is taken as per minimum wages prevalent at the time of accident i.e. in year 1999. Therefore, the income of injured-appellant/claimant is taken as Rs.2,140/- per month. Since, injured- appellant/claimant was aged 35 years at the time of accident and suffered functional disability to the extent of 26%, therefore, addition of 40% towards future prospects is required to be made for determining loss of earning capacity. Keeping in view age of injured-appellant/claimant multiplier of ‘16’ would be applicable. Loss of earning capacity has to be calculated accordingly. Keeping in view nature of injuries and treatment as well as period of hospitalization, injured-appellant/claimant must have taken four months to fully recover from the injuries suffered on account of accident, accordingly, he shall be entitled to amount of Rs.8,560/- (Rs.2,140/- x 4 months) for loss of income. 12. Injured-appellant/claimant shall also be entitled to compensation for loss of future prospects and loss of future amenities of life on account of permanent disability, same is quantified as Rs.40,000/-. 13. Re-worked compensation payable to injured appellant-claimant is as follows: Income Rs.2,140/- per month (as per minimum wages) Rs.2,140/- per month 26% Functional disability 26% of Rs.2,140/- Rs.557/- Future Prospects 40% (557 + 223) Rs.780/- Multiplier 16 16 RAVINDER DHANIA 2026.07.17 15:16 I attest to the accuracy and integrity of this document FAO-5627-2002 -5- Loss of earning capacity Rs.780/- x 16 x 12 Rs.1,49,760/- Medical expenses, Special diet, transportation and attendant charges etc. Rs.30,863/-(by Tribunal) Rs.40,000/- Compensation for Pain and Sufferings Rs.10,000/- (by Tribunal) Rs.40,000/- Compensation for Loss of income during treatment Rs.2,140/- x 4 Rs.8,560/- Compensation for loss of future amenities and future prospects Rs.40,000/- Compensation awarded by Tribunal Rs.92,805/- Compensation awarded in appeal Rs.2,78,320/- Enhancement of compensation Rs.2,78,320/-(awarded in appeal)-Rs.92,805/- (awarded by Tribunal) Rs.1,85,515/- 14. Injured-appellant/claimant is, therefore, held entitled to enhanced compensation with 7.5% interest on enhanced amount from date of filing of petition till realization. Liability to pay compensation shall be as per award. 15. Appeal is accordingly allowed in above terms. 16. Pending application(s), if any, is/are disposed of accordingly. (PARMOD GOYAL) 13.07.2026 JUDGE Ravinder Whether Speaking/Reasoned : Yes/No Whether Reportable : Yes/No RAVINDER DHANIA 2026.07.17 15:16 I attest to the accuracy and integrity of this document