1 FAO-2478-2015(O&M) 219 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-2478-2015(O&M) Date of decision: 17.02.2025 Vijay Singh ..Appellant Versus Bajaj Allianz General Insurance Company Ltd. and others ..Respondents CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL Present: Mr. Arvind Kumar Yadav, Advocate, for the appellant Mr. Rohit Duggal, Advocate for Mr. Vishal Aggarwal, Advocate for respondent no.1 ANIL KSHETARPAL, J. (Oral) 1. The claimant prays for modification of award of Rs.1,87,000/- passed in his favour by the Motor Accidents Claim Tribunal, Rewari (hereinafter referred to as the ‘Tribunal’) on account of injury suffered by him in a motor vehicular accident, which took place on 25.07.2011. The involvement of the offending vehicle, which caused the accident and the correctness of the findings of Tribunal with regard to rash and negligent driving on the part of Sunil Kumar is not in dispute. The appellant has suffered permanent disability to the extent of 45% which pertains to right lower limb only. Dr. A.K.Saini, while appearing as PW5 has stated that it will affect the performance of the whole body. The appellant was working as a Driver as he was licensed to drive Light Transport Vehicles. At the relevant time, he was driving a light transport vehicle. The Tribunal has awarded Rs.9900/- towards loss of income and loss of earning on account of Rekha Sihag 2025.02.20 12:25 I attest to the accuracy and integrity of this document Chandigarh 2 FAO-2478-2015(O&M) permanent disability has been assessed at Rs.90,000/-. He has also been reimbursed medical charges namely Rs.77,100/-. 2. Learned counsel representing the appellant contends that the Tribunal has failed to grant attendant, transportation and special diet charges and loss of enjoyment. He further submits that the appellant has not been granted any amount for follow up treatment. 3. This Court has considered the submissions made by the learned counsel representing the parties. 4. The compensation was required to be assessed after calculating per month loss of income and thereafter applying multiplier. At the time of accident, the appellant was 32 years old young man. Therefore, multiplier of 16 is to be applied. He was earning Rs.3300/- per month. As per medical evidence, the appellant suffered multiple fractures leading to shaft of left femur and communities fracture right femur, fracture shaft of right ulna and fracture 2nd and 5th metarsal in the accident. 5. Keeping in view the injury suffered by the appellant, the functional disability of the appellant is assessed at 30%. On account of future prospects, the appellant is entitled to 40% increase. He remained hospitalized for 35 days. Thereafter, it must have taken some time to resume his job. Hence, the loss of income on that account is assessed for a period of 6 months at Rs.19,800/-. Towards transportation, attendant and special diet charges, the appellant shall be entitled to Rs.20,000/- each. Towards loss of enjoyment, he shall be entitled to an additional amount of Rs.1,00,000/-. For follow up treatment, the appellant shall be entitled to an additional amount Rekha Sihag 2025.02.20 12:25 I attest to the accuracy and integrity of this document Chandigarh 3 FAO-2478-2015(O&M) of Rs.50,000/-. The enhanced amount for pain and suffering Rs.50,000/-. Hence, the amount of compensation is re-assessed as under:- Heads Amount awarded by Tribunal Amount awarded by High Court Monthly income 3300/- 3300/- Future prospects Nil 40% 3300 x40%= 1320 Monthly income 3300/- 3300+1320=4420 Multiplier Nil 16 Loss of future income Nil 4420x12x16=8,48,640/- 848640x30% =2,54,592/- Permanent disability 90,000/- - Medical expenses 77,100/- 77,100/- Special diet Nil 20,000/- Transportation Nil 20,000/- Attendant charges Nil 20,000/- Pain and suffering Nil 50,000/- Loss of enjoyment Nil 1,00,000/- Follow up treatment Nil 50,000/- Total compensation 1,87,000/- 6,11,492/- Difference 6,11,492-1,87,000= 4,24,492/- 6. The claimant/appellant shall be entitled to difference in amount of compensation alongwith interest at the rate of 7.5% per annum from the date of filing of the claim petition till its payment. 7. The appeal stands disposed of. 8. All the pending miscellaneous applications, if any, are also disposed of. (ANIL KSHETARPAL) 17.02.2025 JUDGE rekha Whether speaking/reasoned Yes/No Whether reportable Yes/No Rekha Sihag 2025.02.20 12:25 I attest to the accuracy and integrity of this document Chandigarh