118 MOHD ARIF RANBIR SINGH CORAM: Present: HARPREET KAUR JEEWAN, J. (Oral) 1. enhancement of the compensation Tribunal, Chandigarh dated 04.02.2016. 2. 15.10.2014 at 10 A.M., the claimant was going to his house his motorcycle bearing No. stop Village Swara, he was hit by a Fortuner car bearing No. PB which was being driven by respondent No.1 negligent manner. The clai injury and fracture on Chandigarh dated 17.10.2014 was registered at Police Station Kharar, District SAS Nagar for IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-3636 Date of Decision : 12 MOHD ARIF VERSUS RANBIR SINGH AND ANR. CORAM: HON'BLE MS. JUSTICE HARPREET Ms. Ekta Thakur, Advocate For Ms. Shikha, Advocate for the appellant. Respondent ex parte. HARPREET KAUR JEEWAN, J. (Oral) The present appeal has been preferred by the claimant seeking enhancement of the compensation awarded Tribunal, Chandigarh (hereinafter referred to as the “Tribunal” dated 04.02.2016. As per brief facts, the claimant appellant alleged that on 15.10.2014 at 10 A.M., the claimant was going to his house his motorcycle bearing No.PB-65T-6982 and when he reached near the bus stop Village Swara, he was hit by a Fortuner car bearing No. PB which was being driven by respondent No.1 negligent manner. The claimant suffered multiple injuries including h injury and fracture on left femur shaft. He was taken to garh where he was referred to PGIMER, Chandigarh. An FIR No.145 dated 17.10.2014 was registered at Police Station Kharar, District SAS Nagar for offences punishable under Sections 279, 337, 338 and 427 of the IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 3636-2016 (O&M) Date of Decision : 12-09-2025 ........Appellant VERSUS ........Respondent(s) HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN HARPREET KAUR JEEWAN, J. (Oral) The present appeal has been preferred by the claimant seeking warded by the Motor Accident Claims (hereinafter referred to as the “Tribunal”) vide award he claimant appellant alleged that on 15.10.2014 at 10 A.M., the claimant was going to his house while driving 6982 and when he reached near the bus stop Village Swara, he was hit by a Fortuner car bearing No. PB-65-R-0050, which was being driven by respondent No.1-Ranbir Singh in a rash and mant suffered multiple injuries including h . He was taken to GMCH, Sector- where he was referred to PGIMER, Chandigarh. An FIR No.145 dated 17.10.2014 was registered at Police Station Kharar, District SAS offences punishable under Sections 279, 337, 338 and 427 of the KAUR JEEWAN The present appeal has been preferred by the claimant seeking by the Motor Accident Claims vide award he claimant appellant alleged that on while driving 6982 and when he reached near the bus 0050, Ranbir Singh in a rash and ead -32, where he was referred to PGIMER, Chandigarh. An FIR No.145 dated 17.10.2014 was registered at Police Station Kharar, District SAS offences punishable under Sections 279, 337, 338 and 427 of the SAPNA GOYAL 2025.09.22 17:01 I attest to the accuracy and integrity of this document FAO-3636-2016 (O&M) -2- IPC. The claimant is still under treatment from PGI Hospital, Sector-12, Chandigarh as an outdoor patient. 2.1 The respondents did not appear despite service so they were proceeded against ex parte. 2.2 While appreciating the facts on record, the Tribunal awarded the following compensation, which reads as under:- 1. Medical Treatment 19,164/- 2. Transportation Charges 6000/- 3. Special Diet 5000/- 4. Pain & Suffering & Loss of amenities of life 2,00,000/- 5. Attendant Charges 5000/- 6. Loss of Future earning Capacity 17,77,860/- Total 20,13,024/- 3. Learned counsel for the appellant submitted that due to injuries suffered by the appellants, there is weakness on the right half of the body of the appellant. As per the medical evidence, he is unable to speak and there was 83% of the disability due to which the appellant is unable to perform even his day-to-day work; he requires future expenses for his medical treatment; and help of an attendant. The compensation on account of future medical expenses and medical attendant has not been awarded by the Tribunal. No compensation has been awarded even towards loss of amenities. The decision of the Hon’ble Apex Court in Raj Kumar Vs. Ajay Kumar and anr., 20 (A) SCC 343 was relied upon. 4. I have considered the aforesaid submissions and perused the paperbook. SAPNA GOYAL 2025.09.22 17:01 I attest to the accuracy and integrity of this document FAO-3636-2016 (O&M) -3- 5. The Tribunal has considered the disability of the claimant as 83% on the basis of the assessment by the Medical Board of PGIMER, Chandigarh and treated the said disability as permanent. A sum of Rs.17,77,860/- has been awarded towards the loss of future income as per the following calculations:- Annual income before the accident 7000x12 Rs.84,000/- Add 50% towards future prospects Rs.42,000/- Loss of future earning capacity 83% of actual income Rs.,104,580/- Multiplier with reference to age (which was 28 years on the date of accident) 17 Loss of future earning Rs.17,77,860/- 6. The claimant has not himself appeared in the witness box but his father Mohd. Ali has appeared as PW-1. The testimony of the father of the claimant is corroborated by the contents of the FIR, which has been registered against the respondent and the medical evidence. 7. To prove the injuries and the disability suffered by the claimant, the Tribunal has though considered the testimony of Dr. Manish Modi, Additional Professor-cum-Member of Disability Board, Department of Neurology, PGI, Chandigarh, however, the disability has been treated as 83% only. In this regard, the following reference has been made by the Tribunal regarding the testimony of the medical evidence:- “15. PW-2 Dr. Manish Modi, Additional Professor cum Member of Disability Board, Department of Neurology, PGI, Chandigarh stated that Mohd. Arif son of Mohd. Ali suffered from shaft femur and was operated on 17.10.2014 GMCH, Sector-32, Chandigarh. Thereafter, the SAPNA GOYAL 2025.09.22 17:01 I attest to the accuracy and integrity of this document FAO-3636-2016 (O&M) -4- patient suffered from weakness of right half of hebody with inability to speak. For this complaint, the patient was investigated. The MRI showed infract in left side of brain (left MCA infract). Further investigation revealed that Aortic Dissection (postrometic) which led to blockage of one of the major arteries of the brain. This led to paralysis of his right half of the body and inability to speak and he is suffering from severe weakness. Due to above said ailment, his disability was assessed by Disability Board vide Certificate No.7229 dated 16.10.2015. This witness proved the disability certificate Ex.P32. He further deposed that patient was suffered permanent disability of 83% in relation to whole body. He further deposed that patient would not be able to move/do his daily chores work independently and he would required an attendant for whole day and he has to be on life long medicine due to the injuries suffered in the accident. As he is vegetable vendor, he cannot do his work again as he is unable to move around or speak. The patient is totally unfit for any kind for job in future. The average cost of his monthly expenditure and medication will approximately be Rs.1000/- per month throughout his life. Even for his hospital visit, he will require transportation and help of attendant.” (emphasis supplied). 8. The Tribunal has not determined the functional disability of the appellant. The injured-appellant would be on medication for the rest of his life. He is unable to move around or speak. The claimant is totally unfit for doing any kind of job in future. It is not disputed that the claimant was a vegetable vendor; in view of such medical evidence, the functional disability is 100% and not 83% as determined by the Tribunal. 9. Consequently, the compensation for permanent disability is re- assessed as under:- SAPNA GOYAL 2025.09.22 17:01 I attest to the accuracy and integrity of this document FAO-3636-2016 (O&M) -5- Annual income before the accident 7000x12 Rs.84,000/- Add 50% towards future prospects Rs.42,000/- Loss of future earning capacity 100% of actual income Rs.1,26,000/- Multiplier with reference to age (which was 28 years on the date of accident) 17 Loss of future earning Rs.2,142,000/- 10. The compensation towards the transportation charges, Special Diet and Attendant Charges have also been assessed on the lowerside by the Tribunal. The said charges are re-assessed and the total compensation is reckoned as under:- 1. Medical Treatment 19,164/- 2. Transportation Charges 60,000/- 3. Special Diet 2,00,000/- 4. Pain & Suffering & loss of amenities of life 2,00,000/- 5. Attendant Charges (10 yrsX12=120 120 X 5000= Rs. 6,00,000/-) 6,00,000/- 6. Loss of future earning Capacity 2,142,000 Total 32,21,164 11. The amount in excess of the amount awarded by the Tribunal shall attract interest @ 7% per annum from the date of filing of the claim petition till the realization of the entire amount. However, the claimant- appellant shall not be entitled to any interest for the period of delay in filing the appeal. SAPNA GOYAL 2025.09.22 17:01 I attest to the accuracy and integrity of this document FAO-3636-2016 (O&M) -6- 12. In view of the above discussion, the present appeal is partly allowed ex parte and the award passed by the Tribunal is modified accordingly. 13. Pending miscellaneous applications, if any, shall stand disposed of. 12-09-2025 Sapna Goyal (HARPREET KAUR JEEWAN) JUDGE NOTE: Whether speaking: YES Whether reportable: NO SAPNA GOYAL 2025.09.22 17:01 I attest to the accuracy and integrity of this document