The High Court enhanced compensation awarded in a motor accident case. The appellant, with 20% disability, was granted future prospects compensation and additional transportation charges.
Future loss of income compensation awarded at Rs.12,000/- and transportation charges of Rs.10,000/- allowed.
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FAO-4193-2011 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
FAO-4193-2011 (O&M). Decided on: May 2, 2014.
Harinder Singh
..... Petitioner(s)
Versus
Karambir Singh and others
..... Respondent(s)
CORAM: HON'BLE MR. JUSTICE AJAY TEWARI PRESENT Mr.Vimal Singh, Advocate, for Mr.Ravinder Malik, Advocate, for the appellant.
Mr.Sandeep Lather, Advocate, for respondent Nos.1 & 2.
Mr.Paul S. Saini, Advocate, for respondent No.3.
AJAY TEWARI, J (ORAL).
This appeal has been filed by the appellant for
enhancement of compensation in an injury case.
The brief facts are that on 22.10.2009 the appellant
was going on a motorcycle when he was injured in an accident caused by the rash and negligent driving of the tractor of respondent No.2 by respondent No.1. Because of injuries of his hip, he suffers from 20 per cent permanent disability. The Tribunal awarded a sum of
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Raj Kumar Arora 2014.05.28 12:39 I attest to the accuracy and integrity of this document
FAO-4193-2011 (O&M)
1,92,983/- i.e., 1,84,983/- for medical expenses and `8,000/- for loss of income for two months along with interest @ 7.5% per annum from the date of filing of petition till actual realisation.
Learned counsel for the appellant has argued that nothing has been awarded on account of future loss of income. As per him with the 20 per cent disability in the hip, the capacity of the appellant to earn from his avocation of agricultural labour would definitely have been affected.
In view of the nature of the injury and nature of avocation of the appellant, it has to be held that the functional disability is also 20 per cent. His income has been rightly taken as Rs.4,000/-. However, learned counsel for the appellant has argued that nothing has been awarded on account of future prospects. In view of decision of this Court in FAO No.929 of 2014, decided on
18.2.2014, titled National Insurance Co. Ltd., Vs. Gurdev Kaur
and others , I award future prospects of 50 percent since the age of the claimant was 39 years. In the circumstances loss would be Rs.1200/- per month and multiplier would be 15.
Ordered accordingly.
Learned counsel has argued that even if the bills presented by the appellant did not find favour with the Tribunal, yet some amount had to be granted for transportation charges. In view of the injuries suffered by the appellant, the appellant has to pay repeated visits to OPD and Physiotherapist. I award a sum of
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FAO-4193-2011 (O&M)
With above modifications, the appeal is allowed.
May 2, 2014. rka
(AJAY TEWARI) JUDGE
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Raj Kumar Arora 2014.05.28 12:39 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether compensation for future loss of income and transportation charges be enhanced in a motor accident injury case.
Colour shows how this judgement treated each authority
National Insurance Co. Ltd., Vs. Gurdev Kaur and othersRelied on¶26
FAO No.929 of 2014, decided on 18.2.2014, titled National Insurance Co. Ltd., Vs. Gurdev Kaur and others
Harinder Singh
Karambir Singh
AJAY TEWARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
