Dismissed

Prtc v. Jasvinder Kumar & Anr.

Punjab & Haryana HC2 Feb 2012FAO/581/2012

Case brief

AI extract

What is this about?

An appeal by Pepsu Road Transport Corporation was dismissed by a single Judge. The Judge upheld the Motor Accident Claims Tribunal’s award of Rs. 18,38,113, including Rs. 5,00,000 for loss of income, noting the injured person was an income tax payee and was in a comatose state.

What did the court decide?

The appeal was dismissed; the award of compensation by the Motor Accident Claims Tribunal was upheld.

Prtc Vs Jasvinder Kumar & Anr. — Motor Accident Claims | Punjab & Haryana HC (2012)

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FAO-581-2012(O&M)

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[ 1 ]

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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FAO-581-2012(O&M) Date of decision:02.02.2012

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Pepsu Road Transport Corporation ...Appellant Versus Jasvinder Kumar and another ...Respondents

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CORAM: HON’BLE MR. JUSTICE RAKESH KUMAR JAIN

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Present: Mr. Anupam Singla, Advocate, for the appellant. *****

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RAKESH KUMAR JAIN, J.

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This appeal is directed against order of the Motor Accident Claims Tribunal, Patiala dated 08.11.2011 by which Claim Petition No.19 of 16.03.2010 titled as Jasvinder Kumar Vs. Pepsu Road Transport Corporation' has been allowed and a sum of 18,38,113/- has been awarded as compensation under various heads which is demonstrated as under:

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*Sr.*	*No. Head under which the* *compensation is awarded*	*Amount*
1	Pain & suffering	Rs. 50,000
2	Medical expenses	Rs.11,88,113
3	Attendant Charges (from date of accident till date)	Rs. 50,000
4	Special diet	Rs. 25,000
5	Loss of income due to 100% disability	Rs. 5,00,000
6	Transport charges	Rs. 25,000
	Total	Rs.18,38,113

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FAO-581-2012(O&M)

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[ 2 ]

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It is an admitted fact that the injured has suffered 100% permanent disability. He is in coma and the disability is incurable.

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Learned counsel for the appellant has only disputed the award of compensation to the tune of `5,00,000/- in respect of the loss of income due to 100% disability.

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I have heard learned counsel for the appellant and perused the record from which I have found that the injured was an income tax payee. His income tax return for the year 2009-2010 is on record as Ex.PW9/B. In such a case where the injured has been reduced to the state of comatose, his loss of income assessed to the tune of `5,00,000/for the 100% disability is not inappropriate.

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In view thereof, I do not find any merit in the present appeal and is, thus, dismissed.

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February 02, 2012 (RAKESH KUMAR JAIN) vinod* JUDGE

Prtc v. Jasvinder Kumar & Anr.

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Prtc v. Jasvinder Kumar & Anr.

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