FAO-3217-2003 IN T 242 Gaurav Amin Khan and o CORAM: HON’B Present: Mr. for t Mr. for t **** AMARINDER S 1. The age of five years accident rendered petition filed un Accident Claims award dated 29. interest @9% pe Aggrieved agains 2. In b travelling with h the uncle pedalli reached at gol di and loaded with 03 (O&M) -1- IN THE HIGH COURT OF PUNJA AT CHANDIGA FAO Dec
Versus n and others ON’BLE MR. JUSTICE AMARINDE Mr. Kulvir Narwal, Advocate for the appellant. Mr. Gopal Mittal, Advocate for the respondent No.3-insurance co **** DER SINGH GREWAL, J. (Oral) The appellant-claimant before this C years, suffered a life-altering misfor ndered him dependent on others for hi led under Section 166 of the Motor laims Tribunal, Rohtak (hereinafter ed 29.04.2003 granted him a compe 9% per annum from the date of filing against the said award, the instant app In brief, the facts of the case are tha with his uncle on a bicycle from Sirsa edalling the bicycle and the appellant diggi turn, a tractor bearing No.RJ d with wooden logs came from b PUNJAB AND HARYANA
DIGARH FAO No.3217of 2003 (O&M) Decided on:15.01.2026 …Appellant …Respondents INDER SINGH GREWAL ance company. this Court is a person who, at the tend misfortune on 19.08.2002, when a ro s for his day-to-day activities. In a cla Motor Vehicles Act, 1988, the Mo nafter referred to as the Tribunal) vi ompensation of Rs.5 lakhs along w f filing of the petition till its realizatio nt appeal has been preferred. are that on 19.08.2002, the appellant w Sirsa Bazar to his uncle’s house, w pellant riding on the carrier. When th No.RJ-31-R-7603 attached with a troll rom behind, being driven rashly a he tender n a road n a claim e Motor nal) vide ong with alization. llant was use, with hen they a trolley hly and PANKAJ KUMAR 2026.01.22 10:51 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh FAO-3217-2003 negligently, dash road and sustain The driver of the trolley behind. A IPC was registere skull bone of the badly damaged a thereafter, refer 22.02.2002 to 08 extreme pain and under treatment Punjabi Bagh, N and Maharaja Ag petition preferred the following hea 1. Medical e transportat expenses. 2. Damages f suffering a future. 3. Loss of am 4. Loss of life 5. Inconvenie disappointm Agg this Court. 3. Lear suffered 100% d 03 (O&M) -2- , dashed against their cycle due to wh ustained several injuries on his head, of the tractor fled away from the site . An FIR bearing No.127 dated 19 gistered at Police Station City, Sirsa b of the appellant was fractured and his aged and he was taken to Bishnoi Nurs referred to PGIMS, Rohtak whe to 08.03.2002. The appellant underwe ain and mental agony. He has suffer tment at various hospitals viz; PGIMS agh, New Delhi, Escort Hospital and aja Aggarsain Hospital, New Delhi. eferred by the appellant has awarded a ng heads:- ical expenses, attendant charges, sp portation charges etc. and future nses. ages for mental and physical shock ring already suffered or likely to be of amenities of life of life expectancy nvenience, hardship, d ppointment, frustration and mental stre Aggrieved by the inadequacy of com Learned counsel for the appellant 0% disability rendering him in a veg to which the appellant fell down on t head, face and other parts of the bod e site of occurrence, leaving the tracto ated 19.02.2002 under Sections 279, 3 Sirsa by the uncle of the appellant. T nd his eyes, face, ears and forehead we i Nursing Home, Sisra for treatment a where he remained admitted fro nderwent several operations and suffer suffered 100% disability and remain PGIMS, Rohtak, M.G.S. Hospital, W al and Research Centre Ltd., Faridab elhi. The learned Tribunal in the cla rded a compensation of Rs.5 lakhs und es, special diet, future medical Rs.1,00,000/- shock, pain and to be suffered in Rs.1,00,000/- Rs.1,00,000/- Rs.1,00,000/- discomfort, tal stress in life. Rs.1,00,000/- of compensation, the appellant is befo pellant submits that the appellant h a vegetative state, which is irreversib n on the he body. e tractor- 279, 338 ant. The ead were ment and ed from suffered remained tal, West aridabad he claim hs under is before llant has versible. PANKAJ KUMAR 2026.01.22 10:51 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh FAO-3217-2003 It is submitted th for loss of earn continuously atte the period of h charges were as attendant through pain, suffering a prospects and fut In support of his Supreme Court i in the case of a Supreme Court h enhancement of c 4. Per company submit Tribunal after ap granted a compe claimant had sou for enhancement 5. I ha paper book with 6. The has been proved Neuro Surgery, P 03 (O&M) -3- tted that the learned Tribunal has erred f earning of the appellant-claimant ly attended him in the hospital which of hospitalization and further follo ere assessed at lower side, as the ap hroughout his life. Furthermore, a mea ring and loss of amenities. Nothing nd future medical expenses ought to h of his compensation, he relies upon th ourt in Kajal Vs. Jagdish Chand and e of a minor girl child of 12 years w ourt has awarded a compensation of nt of compensation. Per contra, learned counsel appeari ubmits that the accident had occurred fter appreciating the oral as well as d compensation of Rs.5 lakhs. He fu ad sought a compensation of Rs.8 lak ement of Rs.3 lakhs. I have heard learned counsel for with their able assistance. The appellant-claimant has suffered proved by PW-1, Dr. Parveen Jain, gery, PGIMS, Rohtak by stating that d s erred in not granting any compensati as well as family members, w which caused loss to their earning duri r follow up treatment. The attenda the appellant requires assistance of , a meager amount was provided towar othing is provided for loss of marria ht to have been assessed independent pon the judgment passed by the Hon’b d and others (2020) 4 SCC 413 whe ears with 100% disability, the Hon’b on of Rs.62,27,000/- and thus, prays f ppearing for respondent No.3-insuran curred in the year 2002 and the learn ll as documentary evidence, has righ He further submits that the appella s.8 lakhs and at the most, there is sco l for the parties and have perused t ffered 100% permanent disability, whi Jain, a Neuro Surgeon, Department that due to post traumatic sequalae, t ensation ers, who g during attendant ce of an towards marriage endently. Hon’ble where Hon’ble prays for nsurance e learned s rightly ppellant- is scope used the ty, which tment of alae, the PANKAJ KUMAR 2026.01.22 10:51 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh FAO-3217-2003 appellant has suf the same can be d 7. In th 100% disability a 20% of a child o Hon’ble Supreme the following hea Sl. No. Heads (i) Expen transp (ii) Loss o (iii) Loss o worke 40% t of 18). (iv) Attend (v) Pain, s (vi) Loss o (vii) Future 8. In th Greola Vs. Man wherein a child Court awarded a S. No. Head 1. Medicine 2. Loss of E 3. Pain and 4. Future T 5. Attendan 6. Loss of A 7. Loss of F 8. Special E 9. Conveya 10. Loss of M Total 03 (O&M) -4- as suffered 100% permanent disabili an be decreased due to lapse of time. In the case of Kajal (supra) where bility and as per the disability certifica hild of her age and her social age was upreme Court has awarded a total com ng heads:- eads xpenses relating to treatment, hosp ansportation oss of earnings (family members) oss of future earnings (minimum w orker were taken as Rs.4846/- per % towards future prospects and ad 18). ttendant charges ain, suffering, loss of amenities oss of marriage prospects uture medical treatment In the judgment passed by the Hon’b Manzoor Ahmad Simon and anot child of 7 years had met with a roa rded a compensation of Rs.50,87,000/ icines and Medical Treatment of Earning Capacity due to Disabili and Suffering re Treatment ndant Charges of Amenities of Life of Future Prospect ial Education Expenditure veyance and Special Diet of Marriage Prospects isability and he specifically denied th time. where a girl of 12 years suffered w ertificate, her I.Q. was assessed less th ge was only of a 9 months old child, t al compensation of Rs.62,27,000/- und Amount hospitalisation and Rs.2,50,000/- Rs.51,000/- m wages of skilled per month, added d adopted multiplier Rs.14,66,000/ Rs.21,60,000/ Rs.15,00,000/ Rs.3,00,000/- Rs.5,00,000/- Hon’ble Supreme Court in Baby Saks another 2024 SCC Online SC 39 a road accident, the Hon’ble Suprem ,000/- under the following heads:- Amount (In Rs. ) 32,000/- ability 13,18,000/- 15,00,000/- 5,00,000/- 9,42,000/- 1,00,000/- 1,00,000/- 75,000/- 20,000/- 5,00,000/- 50,87,000/- nied that red with less than hild, the under 00/- 000/- 000/- 000/- 00/- 00/- Sakshi 3992 Supreme PANKAJ KUMAR 2026.01.22 10:51 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh FAO-3217-2003 9. In th (PW-3) opined t Hon’ble Suprem practical purpose relying upon the income of the in prospectus and ad 10. Furt Manager, Relian dealing with the and as per the dis and had complete and bed sores. H lost his childho deliberating upo compensation of A. Loss of fu life (3700 B. Medical e C. Future m devices D. Pain, suff E. Loss of m F. One atten off G. Conveyan Total Rounded 03 (O&M) -5- In the case of Baby Sakshi Greola ined that the disability suffered by th upreme Court on a complete overv urposes, treated the disability of the on the judgment rendered in Kajal’s c injured child as Rs.4358/- per mo and adopted a multiplier of 18. Furthermore, the Hon’ble Supreme eliance General Insurance Compan th the case of a child, who was rende the discharge summary (Ex. P-10), he mplete sensory loss in the legs, urinary He was aged about 5 years as on hildhood and is dependent on othe g upon all aspects, the Hon’ble of Rs.49,93,000/- under following Head of future earnings due to the perma 3700 + 1480 = 5180) × 12 × 18 cal expenses re medical expenses i.e. towards , suffering and loss of amenities of marriage prospects attendant charges (3700×12×18) = eyance charges ded off ola (supra), though Dr. Monica June by the appellant is 75%, however, overview of the situation and for of the appellant to be 100% and wh al’s case (supra), assessed the notion per month, added 40% thereon as futu reme Court in Master Ayush v. Bran mpany Limited (2022) 7 SCC 738 s rendered paraplegic in a road accide ), he was not able to move both his le urinary incontinence, bowel constipati as on the date of the accident, hence h others for his routine work. Af on’ble Supreme Court assessed t owing heads:- Amount rmanent disability for Rs.11,18,880 Rs.5,74,000 ards purchase of 2 Rs.10,00,000 Rs.10,00,000 Rs.3,00,000 ) = 7,99,200 rounded Rs.8,00,000 Rs.2,20,000/ Rs.49,92,880 Rs.49,93,000 ca Juneja ever, the for all while notional as future ranch 38 was accident his legs stipation ence has After sed the unt ,880/- 000/- ,000/- ,000/- 000/- 000/- 000/- ,880/- ,000/- PANKAJ KUMAR 2026.01.22 10:51 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh FAO-3217-2003 11. The view of the jud (supra), Baby Sa take the income o as Rs.4000/- per multiplier of 18, appellant had to son and therefor Rs.51,000/-. 12. As dependent on oth system has been frontal contusion encephalomalaci of cerebellar foli from fits. He Rs.15,00,000/- Furthermore, atte The appellant is on his treatmen Rs.5,00,000/- is Rs.50,000/- eac Rs.1,00,000/- is appellant is entit as under:- 03 (O&M) -6- The appellant herein is 100% perm e judicial precedents rendered by y Sakshi Greola (supra) and Maste come of the appellant, which he would per month and add 40% thereon for of 18, the loss of earning comes to R ad to close down his business of smal herefore, this Court assess the loss As per evidence brought on rec on others for discharging day to day been badly impaired. He has chronic tusions and diffused cerebellar atroph alacia/gliosis with diffuse cerebellar ar folia, CFS cisterns and 4th ventricle He has a vegetable existence an towards pain and suffering re, attendant charges are assessed as ant is further granted Rs.7,00,000/- eatment as well as future medical is granted towards loss of marria each is provided towards speci is provided towards special ed s entitled to a total compensation of R permanently disabled and therefore, Hon’ble Supreme Court in Ka aster Ayush (supra), this Court wou would have earned on becoming a ma on for the future prospects. Applying t es to Rs.12,09,600/-. The father of t f small flour mill as he had to attend h loss of earning of family member n record, the appellant shall rema o day activities of his life. His nervo hronic post traumatic cerebellar and l atrophy and right cerebellar focal cyc bellar atrophy and post vacuo diliatati ntricle. He is unable to walk and suffe nce and therefore, this Court gran ring and loss of amenities of li ed as Rs.8,64,000/- (Rs.4000/-x12x1 towards medical expenses incurr edical expenses. Further a sum marriage prospects. A further sum special diet and transportation a ial education expenditure. Thus, t on of Rs.50,24,600/-, which is tabulat efore, in Kajal rt would a major lying the er of the ttend his mber as l remain nervous r and left al cyctic iliatation d suffers t grants of life. x12x18). incurred sum of r sum of ion and s, the tabulated PANKAJ KUMAR 2026.01.22 10:51 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh FAO-3217-2003 S. No. 1. Medicine 2. Loss of E 3. Pain and 4. Attendan 5. Loss of 6. Special D 7. Transport 8. Special E 9. Loss of fa Total 13. The learned Tribunal realization. 14. The However, it is tri the Courts may intent of the le compensation. 15. Half insurance compa the form of an FD date of receipt o end of each mon in the same Bran parents, payable the daily expense the guardian mov 03 (O&M) -7- Head ines, Medical Treatment and Future ss of Earning Capacity due to Disabilit n and Suffering and Loss of Amenities endant Charges ss of Marriage Prospect ecial Diet nsportation Charges ecial Education Expenditure of family income The amount in excess over what ibunal shall also attract interest @7.5% The amount awarded by this Court it is trite that the Motor Vehicles Act, 1 may award the compensation more the legislation is not only to grant Half of the enhanced amount sha company to the appellant and the half f an FDR in a nationalized bank withi eipt of certified copy of this Court. h month will be transferred in a separ e Branch in the name of the appellan yable to the appellant on regular mont xpenses of the appellant. It is, howev n moves an application for release of Amount (In Rs. Future Treatment 7,00,000/- isability 12,09,600/- enities of Life 15,00,000/- 8,64,000/- 5,00,000/- 50,000/- 50,000/- 1,00,000/- 51,000/- 50,24,600/- what has already been granted by t @7.5% from the date of petition till Court is more than the amount claime s Act, 1988 is a beneficial legislation more than the amount claimed, as t grant compensation but to grant ju nt shall be paid by respondent No e half amount shall be deposited by it within a period of two months from t . The interest accrued therein at t separate Savings Account to be open ppellant, to be operated jointly with r monthly basis, which shall take care however, directed that in case parents ase of the amount deposited in the FD In Rs. ) d by the on till its claimed. and d, as the rant just nt No.3- d by it in from the in at the e opened with the e care of arents or the FDR PANKAJ KUMAR 2026.01.22 10:51 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh FAO-3217-2003 to meet any spec may consider rele 16. In v the learned Tribu 17. Pend January 15, 202 Pankaj* 03 (O&M) -8- special medical expenses or any oth er release of the same after taking into In view of the aforesaid facts and ci Tribunal is modified and the appeal is Pending misc. application, if any, als (AMAR , 2026 Whether speaking/reaso Whether reportable ny other exigency, the learned Tribun ng into consideration all aspects. and circumstances, the award passed peal is allowed to the above extent. ny, also stands disposed of. AMARINDER SINGH GREWAL) JUDGE g/reasoned : Yes : Yes Tribunal d by ) PANKAJ KUMAR 2026.01.22 10:51 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh