-1- 217 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-4398-2005 (O&M) Date of Decision: 03.07.2026 VIJAY SHARMA ....Appellant Versus ATINDER PAL SINGH & ORS ...Respondents CORAM: HON'BLE MR. JUSTICE PARMOD GOYAL Present: Mr. Satish Goel, Advocate and Mr. Nitin Sherwal, Advocate for the appellant. PARMOD GOYAL, J. (ORAL) 1. Present appeal has been preferred by injured/appellant/claimant being aggrieved by the impugned award dated 02.05.2005, passed by learned Motor Accident Claims Tribunal, Chandigarh (hereinafter referred to as ‘Tribunal’) vide which Rs.63,681/- was awarded on account injuries suffered by him in motor vehicular accident dated 23.03.2001, caused due to the rash and negligent driving of respondent No.1 while driving car bearing registration No.CH-01A-2475. 2. Learned Tribunal had awarded following compensation to the injured/appellant/claimant: Medical expenses Rs.21,705/- Permanent disability Rs.20,000/- Special Diet Rs.5,976/- Attendant charges Rs.12,000/- Transportation charges Rs.4,000/- Total compensation awarded Rs.63,681/- 3. It is the case of the injured appellant/claimant that he had suffered grievous injuries in the accident dated 02.05.2005 and had suffered RAVINDER DHANIA 2026.07.08 16:58 I attest to the accuracy and integrity of this document FAO-4398-2005 -2- permanent injury to the extent of 20%. 4. Compensation is being challenged on the ground of non-grant of compensation under the heads loss of income due to permanent injury, loss of future prospects, pain and sufferings and loss of future amenities. Injured appellant/claimant has also sought compensation for loss of income during period of treatment and enhancement under the head special diet, medical expenses, transportation and attendant charges. 5. In order to prove nature and extent of injuries, appellant- claimant had examined Dr. Rahul, Senior Resident, GMCH, Sector-32, Chandigarh as PW-6, who had duly stated that appellant-claimant was admitted in hospital with fracture shaft of femur, fracture of lateral condyle tibia left and fracture first metatarsal left foot due to motor accident. He was operated on 22.03.2001 and discharged on 28.03.2001. Appellant-claimant was re-admitted on 21.06.2001 and operated again on 25.06.2001 before his discharge on 30.06.2001. Appellant-claimant was again admitted on 14.09.2001, was operated on 15.09.2001 and was discharged on 16.09.2001. He was advised follow up treatment. PW-6 duly proved disability certificate Ex.C1. As per disability certificate Ex.C1 appellant-claimant had suffered disability to the extent of 20% qua the lower limb. PW-5 employer/proprietor of Esquire Technocrats Surveyors and loss assessors duly asserted that appellant-claimant was working as computer operator and getting monthly salary of Rs.3,275/- per month. Therefore, keeping in view nature of disability due to multiple fractures and vocation of appellant- claimant functional disability to determine loss of earning capacity is quantified as 10% of total earning capacity. Admittedly, the age of injured appellant/claimant was 23 years at the time of accident, therefore, multiplier RAVINDER DHANIA 2026.07.08 16:58 I attest to the accuracy and integrity of this document FAO-4398-2005 -3- of ‘18’ for determining loss of earning capacity has to be taken. For determining loss of earning capacity, appellant-claimant is also entitled to addition of future prospects to the extent of 40%. 6. Learned Tribunal has taken note of disability certificate but has not granted compensation after determining functional disability and monthly income. Lump sum amount of Rs.20,000/- was awarded towards permanent disability. Since in present case 20% disability qua lower limb was found, therefore, appellant-claimant must be facing difficulty in walking and standing, which must have effected his working and earning capacity. Therefore, appellant-claimant is entitled to compensation for loss of earning capacity after taking functional disability to the extent of 10% by applying future prospects and multiplier of ‘18’ by taking his monthly income as Rs.3,275/- per month. 7. Injured appellant-claimant had suffered multiple fractures and remained hospitalized on three occasions. Also had undergone treatment for six months, therefore, he is entitled to amount of Rs.40,000/- under the head pain and sufferings and Rs.40,000/- towards loss of future amenities and future prospects. Injured appellant-claimant must have remained out of work for at least 6 months due to multiple fractures, therefore, injured appellant- claimant is entitled to Rs.19,650/- (Rs.3,275/- x 6) on account of loss of income during treatment. 8. Appellant-claimant has also led evidence regarding special diet, employment of care taker and hiring of taxi for follow up visits to the hospital. Learned Tribunal has accepted evidence led by appellant-claimant regarding special diet vide Ex.C2 to Ex.C11. As regards to expenses on attendant charges, learned Tribunal has accepted the evidence regarding RAVINDER DHANIA 2026.07.08 16:58 I attest to the accuracy and integrity of this document FAO-4398-2005 -4- employment of attendant for Rs.2,000/- p.m. but has rightly discarded claim for 24 months. From evidence it is clearly made out that appellant-claimant remained under treatment for about six months. No medical evidence justifying employment for two years is available therefore, conclusion drawn by learned Tribunal is upheld. Similarly, learned Tribunal has rightly rejected taxi charges for hiring taxi for two years on 19 occasions in view of single bill. No corroborative evidence justifying visit over a period of two years and engagement of same taxi is available. Therefore, compensation payable for medical expenses, transportation, special diet and attendant cannot be held to be unjustified. Same is however, rounded off to Rs.50,000/- 9. Reworked compensation payable to injured appellant-claimant is as follows: Income Rs.3,275/- per month (as per minimum wages) Rs.3,275/- per month 10% permanent disability 10% of Rs.3,275/- Rs.327/- Future prospects 40% (327+131) Rs.458/- Multiplier 18 18 Loss of earning capacity Rs.458 x 12 x18 Rs.98,928/- Compensation for special diet, attendant charges, transportation and medical expenses Rs.5,976/-, Rs.12,000, Rs.4,000/-, Rs.21,705/- Rs.50,000/- (rounded off) Compensation for pain and sufferings Rs.40,000/- RAVINDER DHANIA 2026.07.08 16:58 I attest to the accuracy and integrity of this document FAO-4398-2005 -5- Compensation for loss of future prospects and amenities of life Rs.40,000/- Loss of income during treatment Rs.3,275/- x 6 Rs.19,650/- Compensation awarded by Tribunal Rs.63,681/- Compensation awarded in appeal Rs.2,48,578/- Enhancement of compensation Rs.2,48,578/-(awarded in appeal)-Rs.63,681/- (awarded by Tribunal) Rs.1,84,897/- 10. Appellant-claimant is, therefore, held entitled to enhanced compensation of Rs.1,84,897/- along with 7.5% interest on enhanced amount from date of filing of petition till realization. Liability to pay compensation shall be as per award. In above terms, petition stands disposed of. 11. Pending application(s), if any, is/are disposed of accordingly. (PARMOD GOYAL) 03.07.2026 JUDGE Ravinder Whether Speaking/Reasoned : Yes/No Whether Reportable : Yes/No RAVINDER DHANIA 2026.07.08 16:58 I attest to the accuracy and integrity of this document