-1- 248 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-890-2002 Date of Decision: 20.07.2026 SAJJAN KUMAR ...Appellant Versus RAJINDER SINGH @ HARJEET SINGH AND OTHERS ...Respondents CORAM: HON'BLE MR. JUSTICE PARMOD GOYAL Present: Mr. Ajit Singh, Advocate for the appellant. Mr. Suvir Dewan, Advocate for respondent No.3-Insurance company. PARMOD GOYAL, J. (ORAL) Present appeal has been preferred by injured-appellant- claimant, who got injured in motor vehicular accident which took place on 15.02.1995 on account of rash and negligent driving by respondent-driver while driving truck bearing registration No. HR-01-A/2471 (hereinafter referred to as ‘offending vehicle’), being aggrieved by the insufficient compensation of Rs. 74,947/- awarded vide impugned award dated 21.08.2000 passed by Motor Accident Claims Tribunal, Hisar (hereinafter referred to as ‘Tribunal’). 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 have been preferred by any of the respondents, the detailed facts as regards to manner of accident are not being noticed herein for the sake of RAVINDER DHANIA 2026.07.23 09:08 I agree to specified portions of this document FAO-890-2002 -2- brevity. 3. In the present case, the learned Tribunal had awarded the following compensation: Compensation for permanent disability Rs.40,000/- Pain and sufferings Rs.15,000/- Special diet and transportation Rs.5,000/- Compensation for medical expenses Rs.14,947/- Total compensation awarded Rs.74,947/- 4. In order to prove the nature and extent of his injuries, the appellant-claimant himself appeared as PW-6. He deposed that immediately after the accident, he was taken to General Hospital, Hansi and thereafter shifted to Medical College and Hospital, Rohtak where he remained admitted for 20 days. He further stated that his left hand was fractured and there was injury on his head. On account of injuries suffered in accident, he was subjected to brain surgery. Injured appellant-claimant also stated that he also got treatment from Dr. Parveen Chawla at Hisar and Dr. Kalra at Hansi. 5. The appellant-claimant asserted that he had incurred expenses amounting to Rs.11,947/- towards medical treatment and medicines. He further stated that he is still under medical treatment and is likely to incur additional medical expenditure in future. It was also pleaded that, on account of disability, he required the assistance of an attendant and, because of the permanent disability suffered by him, he had lost his earning capacity. 6. PW-8, Dr. Parveen Chawla stated that the appellant-claimant was admitted in his Nursing Home on 20.05.1995 with diagnosis of three months old case of fracture shaft humorous. That appellant-claimant was operated upon and plating with bone grafting was done and appellant- claimant was discharged on 23.05.1995. The plate was removed on RAVINDER DHANIA 2026.07.23 09:08 I agree to specified portions of this document FAO-890-2002 -3- 19.10.1996. O.P.D slips vide Ex.P65 to P69, P71 and bill Ex.P70 was duly proved by PW-8. PW-1, Dr. J. S. Bhatia, duly proved the disability suffered by appellant-claimant to the extent of 70% permanent disability on account of hamparasis of facial palsy. 7. From the evidence discussed above, it is clearly established that the appellant-claimant sustained grievous injuries in the accident. He remained admitted in the hospital from 15.02.1995 to 06.03.1995. As a consequence of the said amputation, he suffered permanent disability to the extent of 70%, duly proved by PW1- Dr. J. S. Bhatia. 8. It is the case of appellant-claimant that he was earning Rs.6,500/- per month by working as an agriculturist. However, no material was placed on record except for self serving oral assertions with regards to the income and vocation of the injured appellant-claimant. Therefore, in absence of any cogent reliable evidence to prove the income and vocation of the injured appellant-claimant income is taken as per minimum wages payable to unskilled worker at the time of accident i.e. Rs.1,325/-.The appellant-claimant was aged between 50-55 years at the time of the accident. Accordingly, while computing the loss of earning capacity, an addition of 10% towards future prospects is required to be made. Multiplier of ‘11’ would be appropriate in view of his age. 9. Keeping in view the nature of injuries and period required for recovery it can be presumed that the appellant-claimant would have remained under treatment and unable to earn his livelihood for a period for at least six months. Accordingly, the appellant-claimant would be entitled to Rs.7,950/- (Rs.1,325 x 6) towards loss of income on account of accident. In the facts and circumstances of the present case, the functional disability RAVINDER DHANIA 2026.07.23 09:08 I agree to specified portions of this document FAO-890-2002 -4- suffered by the appellant-claimant is taken to be extent of permanent disability, i.e., 70%. 10. Keeping in view the medical expenses proved on record, the period of hospitalization, the nature and extent of the injuries sustained, and the permanent disability suffered by the appellant-claimant, a consolidated sum of ₹50,000/- is awarded towards medical expenses, transportation, special diet, and attendant charges. 11. On account of 70% hamparasis of facial palsy suffered by injured appellant-claimant on account of accident, the appellant-claimant has suffered a permanent deprivation of the normal amenities of life and suffered diminished prospects. He is, therefore, entitled to compensation under the heads of loss of amenities of life and loss of future prospects/enjoyment of life, which is quantified at ₹1,00,000/-. 12. The claimant also underwent immense pain and suffering as a result of the grievous injuries sustained by him, accordingly, a sum of ₹30,000/- is awarded towards pain and sufferings. 13. Learned counsel for the claimant-appellant has also claimed compensation towards future medical expenses. Considering the fact that the appellant-claimant must be undergoing treatment for the injuries suffered it is considered appropriate to award a sum of ₹50,000/- towards future medical expenses. 14. Accordingly, re-worked compensation passed in appeal is as under: Income Rs. 1,325/- per month (as per minimum wages) Rs. 1,325/- per month Future prospects 10% Rs. 1,457/- RAVINDER DHANIA 2026.07.23 09:08 I agree to specified portions of this document FAO-890-2002 -5- (1,325 + 132) Permanent disability 70% of Rs.1457/- Rs.1,020/- Multiplier 11 11 Loss of earning capacity Rs.1,020 x 12 x 11 Rs.1,34,640/- Medical expenses, transportation, special diet, attendant charges Rs. 14,947+Rs.5,000/- =Rs.19,947/- (as awarded by Tribunal) Rs.50,000/- Loss of amenities of life and loss of future prospects Rs. 1,00,000/- Pain and sufferings Rs.15,000/- (as awarded by Tribunal) Rs.30,000/- Loss of income during treatment Rs.1,325/- x 6 Rs.7,950/- Future medical expenses Rs.50,000/- Compensation awarded by Tribunal Rs.74,947/- Compensation awarded in appeal Rs.3,72,590/- Enhancement of compensation Rs. 3,72,590/- (as awarded in appeal) – Rs.74,947/- (as awarded by Tribunal) Rs.2,97,643/- 15. Appellant-claimant shall be entitled to enhanced compensation along with 7.5% interest from the date of filing of claim petition till realization of entire amount. Apportionment and liability to pay compensation shall be as per award. 16. Appeal is accordingly allowed in above terms. 17. Pending miscellaneous application(s), if any, also stand(s) disposed of accordingly. 22.07.2026. (PARMOD GOYAL) Ravinder JUDGE Whether speaking/reasoned Yes Whether reportable Yes/No RAVINDER DHANIA 2026.07.23 09:08 I agree to specified portions of this document