FAO-3971-2009 FAO-515-2010 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA Gurpreet Singh and another Amanjit Singh Amanjit Singh Gurpreet Singh CORAM:HON’BLE MS. JUSTICE HARPREET CORAM:HON’BLE MS. JUSTICE HARPREET CORAM:HON’BLE MS. JUSTICE HARPREET CORAM:HON’BLE MS. JUSTICE HARPREET Present: HARPREET KAUR JEEWAN, J. HARPREET KAUR JEEWAN, J. HARPREET KAUR JEEWAN, J. HARPREET KAUR JEEWAN, J. 1. the Maruti Car bearing registration No.PCR the claim petition filed on behalf of the injured 1.1 seeking enhancement of the compensation. 2009 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH (1) (1) (1) (1) IOIN IOIN IOIN IOIN Gurpreet Singh and another Versus Amanjit Singh (2) (2) (2) (2) IOIN IOIN IOIN IOIN Amanjit Singh Versus Gurpreet Singh and another CORAM:HON’BLE MS. JUSTICE HARPREET CORAM:HON’BLE MS. JUSTICE HARPREET CORAM:HON’BLE MS. JUSTICE HARPREET CORAM:HON’BLE MS. JUSTICE HARPREET Mr. Naveen Batra, Advocate, for the appellants in FAO-3971 for the respondents in FAO-515 Mr. Vipul Sharma, Advocate for Mr. Ashwani Arora, Advocate, for the appellant in FAO-515- for the respondent in FAO-3971 HARPREET KAUR JEEWAN, J. HARPREET KAUR JEEWAN, J. HARPREET KAUR JEEWAN, J. HARPREET KAUR JEEWAN, J. FAO-3971-2009 has been filed by the driver and owner of the Maruti Car bearing registration No.PCR the claim petition filed on behalf of the injured FAO-515-2010 has been filed by the seeking enhancement of the compensation. IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH Reserved on: 12.05.2026 Reserved on: 12.05.2026 Reserved on: 12.05.2026 Reserved on: 12.05.2026 Pronounced on : Pronounced on : Pronounced on : Pronounced on : 01.07.2026 01.07.2026 01.07.2026 01.07.2026 Uploaded on : Uploaded on : Uploaded on : Uploaded on : 00003333....00007777....2222000022226666 IOIN IOIN IOIN IOIN----1111----FAO FAO FAO FAO----39 39 39 3971 71 71 71----2009 2009 2009 2009 in/and in/and in/and in/and FAO FAO FAO FAO----3971 3971 3971 3971----20 20 20 2009 09 09 09(O&M) (O&M) (O&M) (O&M) ...Appellants ...Respondent IOIN IOIN IOIN IOIN----2222---- FAO FAO FAO FAO----515 515 515 515----2010 2010 2010 2010 in/and in/and in/and in/and FAO FAO FAO FAO----515 515 515 515----2010 2010 2010 2010 (O&M) (O&M) (O&M) (O&M) ...Appellant ...Respondents CORAM:HON’BLE MS. JUSTICE HARPREET CORAM:HON’BLE MS. JUSTICE HARPREET CORAM:HON’BLE MS. JUSTICE HARPREET CORAM:HON’BLE MS. JUSTICE HARPREET KAURJEEWAN KAURJEEWAN KAURJEEWAN KAURJEEWAN Mr. Naveen Batra, Advocate, 3971-2009 and 515-2010. Mr. Vipul Sharma, Advocate for Mr. Ashwani Arora, Advocate, -2010 and 3971-2009. 2009 has been filed by the driver and owner of the Maruti Car bearing registration No.PCR-2472, seeking dismissal of the claim petition filed on behalf of the injured-claimant. been filed by the injured-claimant, seeking enhancement of the compensation. ATUL SETHI 2026.07.03 16:40 I attest to the accuracy and authenticity of this document Chandigarh FAO-3971-2009 FAO-515-2010 1.2 such being are being taken from FAO 2. going from Guru Ka Lahore to Anandpur Sahib, on his Motorcycle (Hero Honda Passion he reached near Village Banni, a Maruti Car bearing registration No.PCR-2472, which was being driven by its driver while coming from wrong side, struck against the motorcycle of the claimant. R injuries. 2.1 Motor Accident Claims Tribunal, Rupnagar (hereinafter referred to as the Tribunal), which was allowed vide Award dated 01.05 compensation of Rs.9,47,000/ injuries sustained in the accident, whereas, the owner and driver of the car were held liable to satisfy the claim. 2.2 injured remained admitted in Gurdev Hospital, Ludhiana and Mata Nanki Charitable Hospital, Anandpur Sahib. The Tribunal awarded compensation by including the medical expenses incurred during hospitalization in CMC Hospital, Ludhiana. The Tribunal also observed that right leg of the claimant was amputated and artificial limb was following bifurcation: 2009 2010 2 Since both appeals are arising out of a common Award, as being taken up together for disposal. However, for brevity, facts are being taken from FAO-3971-2009. As per the brief facts, on 11.10.2005, Amanjit Singh was going from Guru Ka Lahore to Anandpur Sahib, on his Motorcycle Hero Honda Passion) bearing registration No.PB he reached near Village Banni, a Maruti Car bearing registration 2472, which was being driven by its driver while coming from wrong side, struck against the motorcycle of the . Resultantly, the occupant of the motorcycle Injured Amanjit Singh filed claim petition before the Motor Accident Claims Tribunal, Rupnagar (hereinafter referred to as the Tribunal), which was allowed vide Award dated 01.05 compensation of Rs.9,47,000/- was awarded to him on account of the injuries sustained in the accident, whereas, the owner and driver of the car were held liable to satisfy the claim. The Tribunal observed that there is no evidence that the injured remained admitted in Gurdev Hospital, Ludhiana and Mata Nanki Charitable Hospital, Anandpur Sahib. The Tribunal awarded compensation by including the medical expenses incurred during hospitalization in CMC Hospital, Ludhiana. The Tribunal also bserved that right leg of the claimant was amputated and artificial limb was affixed. The Tribunal awarded compensation as per the following bifurcation:- Since both appeals are arising out of a common Award, as taken up together for disposal. However, for brevity, facts 11.10.2005, Amanjit Singh was going from Guru Ka Lahore to Anandpur Sahib, on his Motorcycle bearing registration No.PB-10-AS-3099. When he reached near Village Banni, a Maruti Car bearing registration 2472, which was being driven by its driver-Gurpreet Singh, while coming from wrong side, struck against the motorcycle of the of the motorcycle sustained various Injured Amanjit Singh filed claim petition before the Motor Accident Claims Tribunal, Rupnagar (hereinafter referred to as the Tribunal), which was allowed vide Award dated 01.05.2009 and a was awarded to him on account of the injuries sustained in the accident, whereas, the owner and driver of the The Tribunal observed that there is no evidence that the injured remained admitted in Gurdev Hospital, Ludhiana and Mata Nanki Charitable Hospital, Anandpur Sahib. The Tribunal awarded compensation by including the medical expenses incurred during hospitalization in CMC Hospital, Ludhiana. The Tribunal also bserved that right leg of the claimant was amputated and artificial affixed. The Tribunal awarded compensation as per the ATUL SETHI 2026.07.03 16:40 I attest to the accuracy and authenticity of this document Chandigarh FAO-3971-2009 FAO-515-2010 Compensation Heads Compensation Heads Compensation Heads Compensation Heads Annual Income Functional disability @ 60% Multiplier (17) Loss of future income Artificial limb Medical Expenses Attendant Charges Special Diet Pain and sufferings Total Total Total Total 2.3 not insured, as such, the driver and owner of the the compensation. 2.4 and owner as well as the claimant are before this Court. LIABILITY LIABILITY LIABILITY LIABILITY 3. Car contends that no accident took place involving the car in question and even there 2009 2010 3 Compensation Heads Compensation Heads Compensation Heads Compensation Heads Amount Awarded Amount Awarded Amount Awarded Amount Awarded Annual Income - Rs.50,000/ Functional disability @ 60% - Rs.30,000/ Rs.50,000/ Multiplier (17) - Rs.5,10,000/ (17 x Rs.30,000/ Loss of future income ---- Rs. Rs. Rs. Rs.5,10,000 5,10,000 5,10,000 5,10,000 Artificial limb ---- Rs.57,600/ Rs.57,600/ Rs.57,600/ Rs.57,600/ Medical Expenses ---- Rs. Rs. Rs. Rs.3,40, 3,40, 3,40, 3,40, Attendant Charges ---- Rs. Rs. Rs. Rs.3,000/ 3,000/ 3,000/ 3,000/ Special Diet ---- Rs.10,000/ Rs.10,000/ Rs.10,000/ Rs.10,000/ Pain and sufferings ---- Rs.25,000/ Rs.25,000/ Rs.25,000/ Rs.25,000/ ---- Rs. Rs. Rs. Rs.9,46,2 9,46,2 9,46,2 9,46,2 ((((Wrongly reflected as Wrongly reflected as Wrongly reflected as Wrongly reflected as Rs.9,46, Rs.9,46, Rs.9,46, Rs.9,46, and and and and rounded off to rounded off to rounded off to rounded off to Rs. Rs. Rs. Rs.9,47,000 9,47,000 9,47,000 9,47,000 Learned Tribunal further held that since the vehicle was not insured, as such, the driver and owner of the the compensation. Aggrieved by the Award passed by the Tribunal, the driver and owner as well as the claimant are before this Court. LIABILITY LIABILITY LIABILITY LIABILITY Learned counsel for the appellant Car contends that no accident took place involving the car in question and even there is no evidence on record to show that there was any rash Amount Awarded Amount Awarded Amount Awarded Amount Awarded Rs.50,000/- Rs.30,000/- (60% of Rs.50,000/-) Rs.5,10,000/- (17 x Rs.30,000/-) 5,10,000 5,10,000 5,10,000 5,10,000////---- Rs.57,600/ Rs.57,600/ Rs.57,600/ Rs.57,600/---- 3,40, 3,40, 3,40, 3,40,63 63 63 636666////---- 3,000/ 3,000/ 3,000/ 3,000/---- Rs.10,000/ Rs.10,000/ Rs.10,000/ Rs.10,000/---- Rs.25,000/ Rs.25,000/ Rs.25,000/ Rs.25,000/---- 9,46,2 9,46,2 9,46,2 9,46,236/ 36/ 36/ 36/---- Wrongly reflected as Wrongly reflected as Wrongly reflected as Wrongly reflected as Rs.9,46, Rs.9,46, Rs.9,46, Rs.9,46,999936/ 36/ 36/ 36/---- in the Award in the Award in the Award in the Award rounded off to rounded off to rounded off to rounded off to 9,47,000 9,47,000 9,47,000 9,47,000////----)))) Learned Tribunal further held that since the vehicle was not insured, as such, the driver and owner of the Car were liable to pay Aggrieved by the Award passed by the Tribunal, the driver and owner as well as the claimant are before this Court. Learned counsel for the appellants-driver and owner of the Car contends that no accident took place involving the car in question no evidence on record to show that there was any rash ATUL SETHI 2026.07.03 16:40 I attest to the accuracy and authenticity of this document Chandigarh FAO-3971-2009 FAO-515-2010 and negligent driving by the appellant to fix his liability to pay the compensation. 4. contends that the question of liability has been considered and rightly decided against the driver and owner and there is no scope for interference in this regard. 5. 6. going on a motorcycle at a slow speed and on the left side of the road, when in the area of Village Banni, he was hit by a Maruti Car coming from the opposite direction, being drive negligent manner by Gurpreet Singh. In this regard, the claimant has himself appeared as PW examination of the Car and he has spe the cross-examination of the witness could be indicated to impeach his credibility. Above all, the driver of the Car has not stepped into the witness-box to contradict the statement of the claimant. Even an F was registered against the driver regarding rash and negligent driving and in this regard, there is a specific statement of the claimant in his aforesaid affidavit. 7. there is no force in the argum owner regarding the question of liability, as such, the same are rejected. 2009 2010 4 and negligent driving by the appellant to fix his liability to pay the compensation. Per contra, learned counsel for the injured contends that the question of liability has been considered and rightly decided against the driver and owner and there is no scope for interference in this regard. I have considered the aforesaid There are specific pleadings by the claimant that he was going on a motorcycle at a slow speed and on the left side of the road, when in the area of Village Banni, he was hit by a Maruti Car coming from the opposite direction, being driven at a fast speed in a rash and negligent manner by Gurpreet Singh. In this regard, the claimant has himself appeared as PW-2 and also stated so in his affidavit examination-in-chief, Ex.PW-2/A. The claimant has named the driver of the Car and he has specifically narrated the occurrence. Nothing in examination of the witness could be indicated to impeach his credibility. Above all, the driver of the Car has not stepped into the box to contradict the statement of the claimant. Even an F was registered against the driver regarding rash and negligent driving and in this regard, there is a specific statement of the claimant in his aforesaid affidavit. In view of the unimpeached testimony of the claimant, there is no force in the arguments raised on behalf of the driver and owner regarding the question of liability, as such, the same are rejected. and negligent driving by the appellant to fix his liability to pay the , learned counsel for the injured-claimant contends that the question of liability has been considered and rightly decided against the driver and owner and there is no scope for I have considered the aforesaid submissions. There are specific pleadings by the claimant that he was going on a motorcycle at a slow speed and on the left side of the road, when in the area of Village Banni, he was hit by a Maruti Car coming n at a fast speed in a rash and negligent manner by Gurpreet Singh. In this regard, the claimant has 2 and also stated so in his affidavit- 2/A. The claimant has named the driver cifically narrated the occurrence. Nothing in examination of the witness could be indicated to impeach his credibility. Above all, the driver of the Car has not stepped into the box to contradict the statement of the claimant. Even an FIR was registered against the driver regarding rash and negligent driving and in this regard, there is a specific statement of the claimant in his In view of the unimpeached testimony of the claimant, ents raised on behalf of the driver and owner regarding the question of liability, as such, the same are rejected. ATUL SETHI 2026.07.03 16:40 I attest to the accuracy and authenticity of this document Chandigarh FAO-3971-2009 FAO-515-2010 QUANTUM OF COMPENSATION QUANTUM OF COMPENSATION QUANTUM OF COMPENSATION QUANTUM OF COMPENSATION 8. was 25 years of age at the time of the accident and h He is a well Degree from Punjabi University, Patiala (Ex.P Diploma in Computer Applications from Panjab University, Chandigarh (Ex.P National Institute of Fashion Design, Mohali (Ex.P running a boutique and also doing accountancy work. He suffered 60% permanent disability. should have been assessed as 100% as a injuries on vital parts of the body. The Tribunal has also not considered that the Artificial Limb requires was loss of marriage prospects, as such, the compensation awarded under the conventional head be enhanced. 9. driver and owner contends that there is no scope for enhancement. further contended that the functional disability should be 50% instead of 60% as determined by the Tribunal. 10. the record. Functional Disability Functional Disability Functional Disability Functional Disability 11. fell on the ground when 2009 2010 5 QUANTUM OF COMPENSATION QUANTUM OF COMPENSATION QUANTUM OF COMPENSATION QUANTUM OF COMPENSATION Learned counsel for the claimant contends that the injured was 25 years of age at the time of the accident and h He is a well-qualified person, possessing a Bachelor of Commerce Degree from Punjabi University, Patiala (Ex.P Diploma in Computer Applications from Panjab University, Chandigarh (Ex.P-226); and Diploma in Fashion Desi National Institute of Fashion Design, Mohali (Ex.P running a boutique and also doing accountancy work. He suffered 60% permanent disability. In view of the above, the permanent disability should have been assessed as 100% as a on vital parts of the body. The Tribunal has also not considered that the Artificial Limb requires was loss of marriage prospects, as such, the compensation awarded under the conventional heads is also on the lower side and deserves to be enhanced. Per contra, learned counsel appearing on behalf of the driver and owner contends that there is no scope for enhancement. further contended that the functional disability should be 50% instead of 60% as determined by the Tribunal. I have considered the aforesaid submissions and perused the record. Functional Disability Functional Disability Functional Disability Functional Disability As per the evidence of injured fell on the ground when his motorcycle was hit by the Car and he Learned counsel for the claimant contends that the injured was 25 years of age at the time of the accident and he was unmarried. qualified person, possessing a Bachelor of Commerce Degree from Punjabi University, Patiala (Ex.P-225); Post Graduate Diploma in Computer Applications from Panjab University, 226); and Diploma in Fashion Designing from National Institute of Fashion Design, Mohali (Ex.P-229). He was running a boutique and also doing accountancy work. He suffered 60% In view of the above, the permanent disability should have been assessed as 100% as a young person has suffered on vital parts of the body. The Tribunal has also not considered that the Artificial Limb requires periodic replacement; there was loss of marriage prospects, as such, the compensation awarded s is also on the lower side and deserves to learned counsel appearing on behalf of the driver and owner contends that there is no scope for enhancement. It is further contended that the functional disability should be treated as 50% instead of 60% as determined by the Tribunal. I have considered the aforesaid submissions and perused As per the evidence of injured-Amanjit Singh, PW-2/A, he e was hit by the Car and he ATUL SETHI 2026.07.03 16:40 I attest to the accuracy and authenticity of this document Chandigarh FAO-3971-2009 FAO-515-2010 sustained various injuries including injury on the leg. As per his version, he was taken to Gurdev Hospital, Ludhiana, where he remained admitted from 11.10.2005 to 14.10.2005. From there, he was taken to Christian Medical Col Ludhiana) 06.12.2005 Ludhiana, while appearing as PW regarding the admission of the injured that the patient was operated upon 08 times including on 08.11.2005, when amputation from the hospital on 06.12.2005, he was again admitted on 14.12.2005 whereas the thir patient had undergone IMIL nailing (IMSC) and also undergone fasciotomy before admission to their hospital. As per him, the patient may require replacement of the artificial limb from time to time normal wear and tear. 11.1 Hospital, Sri Anandpur Sahib, was member of the Board of Doctor constituted to assess the disability of the claimant. As per his version, the right lower leg of the patient was amputated below knee and there was 60% disability, wh Certificate is proved as PW3/A. In the cross categorically stated that the injured cannot stand without crutches, though he was able to sit. 11.2 can be made to the decision of the Hon’ble Apex Court in 2009 2010 6 sustained various injuries including injury on the leg. As per his version, he was taken to Gurdev Hospital, Ludhiana, where he remained admitted from 11.10.2005 to 14.10.2005. From there, he was taken to Christian Medical College & Hospital, Ludhiana Ludhiana), where he remained admitted from 15.10.2005 to 06.12.2005. Dr. Thomas Bhanu, Department of Orthopedics, Ludhiana, while appearing as PW-1, has proved the medical evidence regarding the admission of the injured in the said hospital and stated that the patient was operated upon 08 times including on 08.11.2005, when amputation of right leg below knee from the hospital on 06.12.2005, he was again admitted on 14.12.2005 the third admission is on 21.06.2006. He also testified that the patient had undergone IMIL nailing (IMSC) and also undergone fasciotomy before admission to their hospital. As per him, the patient may require replacement of the artificial limb from time to time normal wear and tear. He also proved bills Ex.P Dr. Jagdeep Singh (PW-3) Hospital, Sri Anandpur Sahib, was member of the Board of Doctor constituted to assess the disability of the claimant. As per his version, the right lower leg of the patient was amputated below knee and there was 60% disability, which is permanent in nature. The Disability Certificate is proved as PW3/A. In the cross categorically stated that the injured cannot stand without crutches, though he was able to sit. While determining such functional disabili can be made to the decision of the Hon’ble Apex Court in sustained various injuries including injury on the leg. As per his version, he was taken to Gurdev Hospital, Ludhiana, where he remained admitted from 11.10.2005 to 14.10.2005. From there, he was lege & Hospital, Ludhiana (CMC , where he remained admitted from 15.10.2005 to Bhanu, Department of Orthopedics, CMC has proved the medical evidence in the said hospital and stated that the patient was operated upon 08 times including on 08.11.2005, below knee was done. After discharge from the hospital on 06.12.2005, he was again admitted on 14.12.2005, d admission is on 21.06.2006. He also testified that the patient had undergone IMIL nailing (IMSC) and also undergone fasciotomy before admission to their hospital. As per him, the patient may require replacement of the artificial limb from time to time due to He also proved bills Ex.P-1 to P-193. 3), Medical Officer, Civil Hospital, Sri Anandpur Sahib, was member of the Board of Doctor constituted to assess the disability of the claimant. As per his version, the right lower leg of the patient was amputated below knee and there ich is permanent in nature. The Disability Certificate is proved as PW3/A. In the cross-examination, he has categorically stated that the injured cannot stand without crutches, While determining such functional disability, reference can be made to the decision of the Hon’ble Apex Court in Saalibai Vs. Saalibai Vs. Saalibai Vs. Saalibai Vs. ATUL SETHI 2026.07.03 16:40 I attest to the accuracy and authenticity of this document Chandigarh FAO-3971-2009 FAO-515-2010 The Divisional Manager, The Divisional Manager, The Divisional Manager, The Divisional Manager, 11.02.2025, whereby, the following observations were made: 11.3 injured would be unable to perform any t education, he can perform desk job. assessed by the Tribunal to the extent of 60% is based on medical evidence and does not require any interference. Loss of future income on account of disabilit Loss of future income on account of disabilit Loss of future income on account of disabilit Loss of future income on account of disabilit 12. work, tuition work and was an agent for was also running a boutique at his residence. He used to earn Rs.10,000/ income of the claimant, has (Ex.P-241) proved by annum. However, the Income Tax and assessed the income of the claimant as Rs.50,000/ annum, which is erroneous. As such, the income of the assessed as Rs.50,810/ annum or Rs.4250/ 2009 2010 7 The Divisional Manager, The Divisional Manager, The Divisional Manager, The Divisional Manager, SLP (C) Nos.7667 11.02.2025, whereby, the following observations were made: “10. Coming to the percentage of disability, t attached to Annexure P2 states that her injuries impair her routine physical work. The disability had been assessed as 81% by the Tribunal, who considered it just and proper to take 1/3 percentage as loss of disability in paragrap Considering the fact that the Claimant out routine physical tasks, we assess her disability as 80%” In the present case, there is no medical evidence that injured would be unable to perform any t education, he can perform desk job. As such, the functional disability assessed by the Tribunal to the extent of 60% is based on medical evidence and does not require any interference. Loss of future income on account of disabilit Loss of future income on account of disabilit Loss of future income on account of disabilit Loss of future income on account of disabilit As per affidavit of the claimant work, tuition work and was an agent for the was also running a boutique at his residence. He used to earn Rs.10,000/- per month. Learned Tribunal, while determining the income of the claimant, has rightly relied upon the Income Tax Return 241) proved by him, which shows his income as Rs.50810/ However, the Tribunal has deducted a sum of Rs.810/ Income Tax and assessed the income of the claimant as Rs.50,000/ , which is erroneous. As such, the income of the assessed as Rs.50,810/- per annum (rounded off to Rs.51,000/ or Rs.4250/- per month). Considering the age of the claimant as SLP (C) Nos.7667-7668 of 2023, decided on 11.02.2025, whereby, the following observations were made:- Coming to the percentage of disability, the certificate attached to Annexure P2 states that her injuries impair her routine physical work. The disability had been assessed as 81% by the Tribunal, who considered it just and proper to take 1/3rd of this percentage as loss of disability in paragraph 20 of the judgment. Considering the fact that the Claimant-Appellant is unable to carry out routine physical tasks, we assess her disability as 80%” In the present case, there is no medical evidence that injured would be unable to perform any task. Keeping in view his As such, the functional disability assessed by the Tribunal to the extent of 60% is based on medical evidence and does not require any interference. Loss of future income on account of disabilit Loss of future income on account of disabilit Loss of future income on account of disabilit Loss of future income on account of disabilityyyy of the claimant, he was doing accounts the Post Office and LIC. He was also running a boutique at his residence. He used to earn per month. Learned Tribunal, while determining the relied upon the Income Tax Return hows his income as Rs.50810/- per Tribunal has deducted a sum of Rs.810/- as Income Tax and assessed the income of the claimant as Rs.50,000/- per , which is erroneous. As such, the income of the claimant is per annum (rounded off to Rs.51,000/- per Considering the age of the claimant as ATUL SETHI 2026.07.03 16:40 I attest to the accuracy and authenticity of this document Chandigarh FAO-3971-2009 FAO-515-2010 25 years at the time of the accident, multiplier of 18 instead of 17 should have been applied. Moreover, future prospects to the tune of 40% are also admissible in this case. Loss of income during treatment Loss of income during treatment Loss of income during treatment Loss of income during treatment 13. 14.10.2005 at Gurdev Hospital and from 15.10.2005 to 06.12.2005 at CMC Ludhiana. Thereafter, he was 14.12.2005 and 21.06.2006 Final Diagnosis “Final Diagnoses: 13.1 having Hemotoma, which was operated, wound was left open for dressings, scrial suturing was done in the Ward and discharged on 30.06.2006. 13.2 the injured was unable to work at least from 11.10.2005 to 30.06.2006, since he was repeatedly hospitalized during this period and was being treated for his leg injury, as such, loss of income during treatment is to be calculated for a period of 07 months. 2009 2010 8 25 years at the time of the accident, multiplier of 18 instead of 17 should have been applied. Moreover, future prospects to the tune of are also admissible in this case. Loss of income during treatment Loss of income during treatment Loss of income during treatment Loss of income during treatment The injured remained hospitalized from 11.10.2005 to 14.10.2005 at Gurdev Hospital and from 15.10.2005 to 06.12.2005 at CMC Ludhiana. Thereafter, he was 2005 and 21.06.2006 to 30.06.2006 Final Diagnosis (Ex.P-237) is as under:- “Final Diagnoses: Post Fracture femur right side with femoral artery injury. Post IMIL nailing 12.10.05 (Outside) Post fasciotomy 14.10.05 (Outside) Post B/K amputation right side 8.11.05 Status partial STSG over B/K stump 28.11.05” As per Ex.P-238, the injured was admitted on 21.06.2006, having Hemotoma, which was operated, wound was left open for dressings, scrial suturing was done in the Ward and discharged on 30.06.2006. On the basis of the aforesaid evidence, it is concluded that the injured was unable to work at least from 11.10.2005 to 30.06.2006, since he was repeatedly hospitalized during this period and was being ated for his leg injury, as such, loss of income during treatment is to be calculated for a period of 07 months. 25 years at the time of the accident, multiplier of 18 instead of 17 should have been applied. Moreover, future prospects to the tune of The injured remained hospitalized from 11.10.2005 to 14.10.2005 at Gurdev Hospital and from 15.10.2005 to 06.12.2005 at CMC Ludhiana. Thereafter, he was again admitted twice on to 30.06.2006 at CMC Ludhiana. The Post Fracture femur right side with femoral artery injury. Post IMIL nailing 12.10.05 (Outside) Post fasciotomy 14.10.05 (Outside) B/K amputation right side 8.11.05 Status partial STSG over B/K stump 28.11.05” 238, the injured was admitted on 21.06.2006, having Hemotoma, which was operated, wound was left open for dressings, scrial suturing was done in the Ward and the patient was On the basis of the aforesaid evidence, it is concluded that the injured was unable to work at least from 11.10.2005 to 30.06.2006, since he was repeatedly hospitalized during this period and was being ated for his leg injury, as such, loss of income during treatment is to Post Fracture femur right side with femoral artery injury. ATUL SETHI 2026.07.03 16:40 I attest to the accuracy and authenticity of this document Chandigarh FAO-3971-2009 FAO-515-2010 Medical expenses Medical expenses Medical expenses Medical expenses 14. the bills proved by him as Ex.P the Tribunal is erroneous Bhanu, PW operated twice from other hospitals, before being admitted to the CMC Ludhiana. Other heads Other heads Other heads Other heads 15. the accident. Due to the amputation of right leg below knee, his marriage prospects have been severely hampered. Therefore, the claimant deserves suitable compensation on account of marriage marriage marriage marriage prospects. prospects. prospects. prospects. transportation ransportation ransportation ransportation compensation towards special diet special diet special diet special diet in future in future in future in future. which the cost of artificial limb inflation, the average cost is taken as Rs.15,000/ further replacements is awarded. Reassessed Reassessed Reassessed Reassessed 16. reworked as follows: 2009 2010 9 Medical expenses Medical expenses Medical expenses Medical expenses The claimant is entitled to receive medical expenses of the bills proved by him as Ex.P-1 to P-218 the Tribunal is erroneous in the light of the testimony of , PW-1, who has categorically stated that the patient was operated twice from other hospitals, before being admitted to the CMC Ludhiana. Other heads Other heads Other heads Other heads The claimant was a young man of 25 years at the time of the accident. Due to the amputation of right leg below knee, his marriage prospects have been severely hampered. Therefore, the claimant deserves suitable compensation on account of prospects. prospects. prospects. prospects. He has also not been granted any amount towards ransportation ransportation ransportation ransportation. The claimant is also entitled for enhanced compensation towards attendant charges attendant charges attendant charges attendant charges special diet special diet special diet special diet. He is also entitled for cost of artificial limb cost of artificial limb cost of artificial limb cost of artificial limb . He has proved medical Bills, Ex.P the cost of artificial limb is Rs.10,250/ inflation, the average cost is taken as Rs.15,000/ further replacements is awarded. Reassessed Reassessed Reassessed Reassessed compensation: compensation: compensation: compensation: In view of the above discussion, the compensation is reworked as follows:- The claimant is entitled to receive medical expenses of all 218 since the deduction made by in the light of the testimony of Dr. Thomas has categorically stated that the patient was operated twice from other hospitals, before being admitted to the CMC The claimant was a young man of 25 years at the time of the accident. Due to the amputation of right leg below knee, his marriage prospects have been severely hampered. Therefore, the claimant deserves suitable compensation on account of Loss of Loss of Loss of Loss of He has also not been granted any amount towards is also entitled for enhanced attendant charges attendant charges attendant charges attendant charges, pain and sufferings pain and sufferings pain and sufferings pain and sufferings, and cost of artificial limb cost of artificial limb cost of artificial limb cost of artificial limb to be r to be r to be r to be replaced eplaced eplaced eplaced medical Bills, Ex.P-211 & P-212, as per is Rs.10,250/-. In view of future inflation, the average cost is taken as Rs.15,000/- and cost of four In view of the above discussion, the compensation is ATUL SETHI 2026.07.03 16:40 I attest to the accuracy and authenticity of this document Chandigarh FAO-3971-2009 FAO-515-2010 Compensation Heads Compensation Heads Compensation Heads Compensation Heads Monthly Income Yearly Income Future Prospects (Age is Multiplier (18) Disability ( Loss of future income Loss of income during hospitalization/treatment Medical Expenses Artificial Limb Attendant Charges Special Diet Transportation Pain and Sufferings Loss of Marriage Prospects Cost of replacement of Artificial limb Total Total Total Total 17. Tribunal shall attract interest @ 7.5% per annum from the date of filing of the claim petition till the realization of the entire amount. However, the claiman in filing the main appeal. 18. Parminder Singh vs. Honey Goyal & Ors., 2025 INSC 361, Parminder Singh vs. Honey Goyal & Ors., 2025 INSC 361, Parminder Singh vs. Honey Goyal & Ors., 2025 INSC 361, Parminder Singh vs. Honey Goyal & Ors., 2025 INSC 361, calculation of the enhanced amount, the same shall be transferred by 2009 2010 10 Compensation Heads Compensation Heads Compensation Heads Compensation Heads Amount Awarded Amount Awarded Amount Awarded Amount Awarded Monthly Income - Rs.4,250 Yearly Income - Rs.51,000/ Future Prospects (Age is 25) - Rs.71,400/ Multiplier (18) - Rs.12,85,200/ Disability (60%) - Rs.7,71,120/ (12,85,200 Loss of future income ---- Rs.7,7 Rs.7,7 Rs.7,7 Rs.7,71,1,1,1, Loss of income during hospitalization/treatment ---- Rs. Rs. Rs. Rs.29,750/ 29,750/ 29,750/ 29,750/ Medical Expenses ---- Rs. Rs. Rs. Rs.6,5 6,5 6,5 6,55555 Artificial Limb ---- Rs.57,600/ Rs.57,600/ Rs.57,600/ Rs.57,600/ Attendant Charges ---- Rs.21,000/ Rs.21,000/ Rs.21,000/ Rs.21,000/ Special Diet ---- Rs. Rs. Rs. Rs.20,000 20,000 20,000 20,000 Transportation ---- Rs.15,000/ Rs.15,000/ Rs.15,000/ Rs.15,000/ Pain and Sufferings ---- Rs.3 Rs.3 Rs.3 Rs.3,00,000/ ,00,000/ ,00,000/ ,00,000/ Loss of Marriage Prospects ---- Rs.1,00,000/ Rs.1,00,000/ Rs.1,00,000/ Rs.1,00,000/ Cost of replacement of Artificial limb ---- Rs.60,000/ Rs.60,000/ Rs.60,000/ Rs.60,000/ ---- Rs. Rs. Rs. Rs.20, 20, 20, 20,3333 The amount in excess of the amount awarded by the Tribunal shall attract interest @ 7.5% per annum from the date of filing of the claim petition till the realization of the entire amount. However, the claimant shall not be entitled to any interest for the period of delay in filing the main appeal. In view of the decision by the Hon’ble Supreme Court in Parminder Singh vs. Honey Goyal & Ors., 2025 INSC 361, Parminder Singh vs. Honey Goyal & Ors., 2025 INSC 361, Parminder Singh vs. Honey Goyal & Ors., 2025 INSC 361, Parminder Singh vs. Honey Goyal & Ors., 2025 INSC 361, calculation of the enhanced amount, the same shall be transferred by Amount Awarded Amount Awarded Amount Awarded Amount Awarded 250/- Rs.51,000/- (4250 X 12) Rs.71,400/- (51000 + 40%) Rs.12,85,200/- (71400 X 18) Rs.7,71,120/- (12,85,200 X 60%) 1,1,1,1,111122220000////---- 29,750/ 29,750/ 29,750/ 29,750/---- (4250 X 7) (4250 X 7) (4250 X 7) (4250 X 7) 5555,,,,879.50 879.50 879.50 879.50 Rs.57,600/ Rs.57,600/ Rs.57,600/ Rs.57,600/---- Rs.21,000/ Rs.21,000/ Rs.21,000/ Rs.21,000/---- (3000 X 7) (3000 X 7) (3000 X 7) (3000 X 7) 20,000 20,000 20,000 20,000////---- Rs.15,000/ Rs.15,000/ Rs.15,000/ Rs.15,000/---- ,00,000/ ,00,000/ ,00,000/ ,00,000/---- Rs.1,00,000/ Rs.1,00,000/ Rs.1,00,000/ Rs.1,00,000/---- Rs.60,000/ Rs.60,000/ Rs.60,000/ Rs.60,000/---- (15,000 X 4) (15,000 X 4) (15,000 X 4) (15,000 X 4) 33330,349.50 0,349.50 0,349.50 0,349.50 The amount in excess of the amount awarded by the Tribunal shall attract interest @ 7.5% per annum from the date of filing of the claim petition till the realization of the entire amount. However, shall not be entitled to any interest for the period of delay In view of the decision by the Hon’ble Supreme Court in Parminder Singh vs. Honey Goyal & Ors., 2025 INSC 361, Parminder Singh vs. Honey Goyal & Ors., 2025 INSC 361, Parminder Singh vs. Honey Goyal & Ors., 2025 INSC 361, Parminder Singh vs. Honey Goyal & Ors., 2025 INSC 361, after calculation of the enhanced amount, the same shall be transferred by ATUL SETHI 2026.07.03 16:40 I attest to the accuracy and authenticity of this document Chandigarh FAO-3971-2009 FAO-515-2010 the driver and owner period of 06 weeks from today. The particulars of the bank account along with the requisite documents in support t by the claimant to from today and needful shall be done by verification thereof within a period of four weeks thereafter along with up-to-date interest. The Tribunal concerned. 19. and driving (FAO the claimant (FAO enhancement of compensation as aforesaid the Tribunal is modified accordingly. 20. disposed of. 01.07.2026 01.07.2026 01.07.2026 01.07.2026 atulsethi Whether speaking / reasoned : Whether Reportable : 2009 2010 11 the driver and owner in the Bank Account of the claimant within a period of 06 weeks from today. The particulars of the bank account along with the requisite documents in support t by the claimant to the owner and driver within a period of two weeks from today and needful shall be done by verification thereof within a period of four weeks thereafter along with date interest. The compliance shall be reported by the Bank to the Tribunal concerned. In view of the above discussion, and driving (FAO-3971-2009) is dismissed, whereas, the claimant (FAO-515-2010) is partly allowed enhancement of compensation as aforesaid the Tribunal is modified accordingly. Pending application(s), if any, disposed of. 01.07.2026 01.07.2026 01.07.2026 01.07.2026 [HARPREET KAUR JEEWAN] [HARPREET KAUR JEEWAN] [HARPREET KAUR JEEWAN] [HARPREET KAUR JEEWAN] Whether speaking / reasoned : Whether Reportable : in the Bank Account of the claimant within a period of 06 weeks from today. The particulars of the bank account along with the requisite documents in support thereof shall be furnished within a period of two weeks from today and needful shall be done by owner and driver after verification thereof within a period of four weeks thereafter along with compliance shall be reported by the Bank to the In view of the above discussion, appeal filed by the owner 2009) is dismissed, whereas, appeal filed by partly allowed with consequential enhancement of compensation as aforesaid and the Award passed by Pending application(s), if any, along with the IOIN, stand [HARPREET KAUR JEEWAN] [HARPREET KAUR JEEWAN] [HARPREET KAUR JEEWAN] [HARPREET KAUR JEEWAN] JUDGE JUDGE JUDGE JUDGE Yes No Yes No ATUL SETHI 2026.07.03 16:40 I attest to the accuracy and authenticity of this document Chandigarh