FAO-999-1992 (O&M) [107] Prem Chand Sep. T.B. Rana and another Coram : Present: PANKAJ JAIN [1] and the injuries suffered in a motor vehicular accident dated 03.12.1987 caused by the rash and negligent driving of respondent No.1. There is no dispute regarding issue of negligence, as the same has attained finality. Neither the driver findings recorded by the Tribunal, holding respondent No.1 responsible for causing accident, in question. [2] profession. Since he failed to prove hi labourer. Medical evidence petitioner suffered fracture of both bones Tribunal held that it has been proved that the petitioner suffered three fractures and was hospitalized for 04 days (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-999 Date of Decision : 07.04.2025 Prem Chand versus Sep. T.B. Rana and another HON’BLE MR. JUSTICE PANKAJ JAIN Mr. G.S. Jaswal, Advocate for the appellant. Ms. GehnaVaishnavi, Advocate for the respondent-UOI. *** PANKAJ JAIN, J. (ORAL) Claimant is in appeal, seeking compensation for and the injuries suffered in a motor vehicular accident dated 03.12.1987 caused by the rash and negligent driving of respondent No.1. There is no dispute regarding issue of negligence, as the same has attained finality. Neither the driver nor the owner has preferred any appeal against the findings recorded by the Tribunal, holding respondent No.1 responsible for causing accident, in question. Claimant was rendered crippled. profession. Since he failed to prove his income, Tribunal assessed him as a labourer. Medical evidence has come on record to the extent that the petitioner suffered fracture of both bones Tribunal held that it has been proved that the petitioner suffered three fractures and was hospitalized for 04 days IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 999-1992 (O&M) Date of Decision : 07.04.2025 …Appellant ….Respondents PANKAJ JAIN Advocate Claimant is in appeal, seeking compensation for the disability and the injuries suffered in a motor vehicular accident dated 03.12.1987 caused by the rash and negligent driving of respondent No.1. There is no dispute regarding issue of negligence, as the same has attained finality. nor the owner has preferred any appeal against the findings recorded by the Tribunal, holding respondent No.1 responsible for was rendered crippled. He is a Carpenter by s income, Tribunal assessed him as a come on record to the extent that the petitioner suffered fracture of both bones tibula and fibula of the right leg. Tribunal held that it has been proved that the petitioner suffered three fractures and was hospitalized for 04 days. He was rendered disabled to the 1 the disability and the injuries suffered in a motor vehicular accident dated 03.12.1987 caused by the rash and negligent driving of respondent No.1. There is no dispute regarding issue of negligence, as the same has attained finality. nor the owner has preferred any appeal against the findings recorded by the Tribunal, holding respondent No.1 responsible for He is a Carpenter by s income, Tribunal assessed him as a come on record to the extent that the of the right leg. Tribunal held that it has been proved that the petitioner suffered three disabled to the RAJNEESH SHARMA 2025.05.01 18:41 I attest to the accuracy and integrity of this document FAO-999-1992 (O&M) extent of 5% suffering a treatment. [3] Tribunal is suffered by the appellant, it was proved on reco plaster for 04 weeks yet the considered Tribunal needs to be enhanced. As per the minimum wages notified by State of Haryana, wages of Rs.610/ assessed @ Rs.610/ Sanjay Saluja, Junior Resident, Department of Orthoped the patient was with plaster cast for four weeks. He remained admitted in PGI from 03.12.1987 to 06.12.1987. H for three months. H during the time Rs.500 x 3 3=1500/- [4] keeping in view his age of 35 years, the loss of income on account of 5% disability is assessed at Rs.15,000/ Rs.15,000/ from the date of filing of the claim petition, till the date of actual realization. (O&M) extent of 5%. Tribunal granted him compensation of Rs.5000/ suffering and Rs.5000/- in respect of medical expenses incurred during treatment. In the considered opinion of this Court, the approach of the Tribunal is flawed. Nothing has been paid on account of 5% disability suffered by the appellant, it was proved on reco plaster for 04 weeks yet nothing has been paid for loss of income. Thus, in the considered opinion of this Court, the compensation awarded by the Tribunal needs to be enhanced. As per the minimum wages notified by State na, on the relevant date, a Carpenter wages of Rs.610/- per month. The monthly income of assessed @ Rs.610/- per month. As per the statement made by PW Sanjay Saluja, Junior Resident, Department of Orthoped the patient was examined by him on 18.12.1987 with plaster cast for four weeks. He remained admitted in PGI from 03.12.1987 to 06.12.1987. He needs to be compensated for for three months. He is thus granted Rs.610 x 3 during the time he remained under treatment. He is awarded an amount of Rs.500 x 3=1500/- for Medical Attendant. Further a sum of Rs.500 x for Special Diet. His loss of income on account of 5% disability suffered and keeping in view his age of 35 years, the loss of income on account of 5% disability is assessed at Rs.15,000/-. He is Rs.15,000/- for pain and suffering. He is further ent from the date of filing of the claim petition, till the date of actual realization. granted him compensation of Rs.5000/- for pain and in respect of medical expenses incurred during In the considered opinion of this Court, the approach of the othing has been paid on account of 5% disability suffered by the appellant, it was proved on record that he remained under has been paid for loss of income. Thus, in opinion of this Court, the compensation awarded by the Tribunal needs to be enhanced. As per the minimum wages notified by State a Carpenter was entitled for minimum per month. The monthly income of claimant is thus per month. As per the statement made by PW-5/Dr. Sanjay Saluja, Junior Resident, Department of Orthopedic, PGI, Chandigarh on 18.12.1987 and was advised to continue with plaster cast for four weeks. He remained admitted in PGI from e needs to be compensated for loss of income e is thus granted Rs.610 x 3=1830/- for loss of income remained under treatment. He is awarded an amount of for Medical Attendant. Further a sum of Rs.500 x His loss of income on account of 5% disability suffered and keeping in view his age of 35 years, the loss of income on account of 5% . He is also awarded amount of for pain and suffering. He is further entitled for interest @ 7.5% from the date of filing of the claim petition, till the date of actual realization. 2 for pain and in respect of medical expenses incurred during In the considered opinion of this Court, the approach of the othing has been paid on account of 5% disability rd that he remained under has been paid for loss of income. Thus, in opinion of this Court, the compensation awarded by the Tribunal needs to be enhanced. As per the minimum wages notified by State entitled for minimum thus 5/Dr. ic, PGI, Chandigarh, and was advised to continue with plaster cast for four weeks. He remained admitted in PGI from loss of income for loss of income remained under treatment. He is awarded an amount of for Medical Attendant. Further a sum of Rs.500 x His loss of income on account of 5% disability suffered and keeping in view his age of 35 years, the loss of income on account of 5% awarded amount of itled for interest @ 7.5% from the date of filing of the claim petition, till the date of actual realization. RAJNEESH SHARMA 2025.05.01 18:41 I attest to the accuracy and integrity of this document FAO-999-1992 (O&M) [5] [6] disposed off 07.04.2025 ‘R. Sharma' (O&M) Allowed. All pending miscellaneous application(s), if any, stands disposed off. 07.04.2025 Whether speaking/ reasoned Whether reportable All pending miscellaneous application(s), if any, stands (PANKAJ JAIN) JUDGE : Yes/No : Yes/No 3 All pending miscellaneous application(s), if any, stands RAJNEESH SHARMA 2025.05.01 18:41 I attest to the accuracy and integrity of this document