The single-judge High Court dismissed an appeal against the quantum of compensation awarded to an injured victim in a motor accident case, finding no grounds to disturb the Tribunal's cogent reasoning.
Appeal against the quantum of compensation awarded to the respondent is dismissed. Pending applications disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
130 Injury case
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
FAO-1744-2021 (O&M) Date of decision: 01.11.2021
UP State Road Transport Corporation
…Appellant Versus
Sarika Verma and another …Respondents
CORAM: HON’BLE MR. JUSTICE ARUN MONGA
Present: Mr. Amit Jaiswal, Advocate, for the appellant. (Presence marked through video conference).
ARUN MONGA, J. (ORAL)
Appellant is owner of the offending bus i.e. UP State Road Transport Corporation aggrieved against quantum of compensation awarded by the learned Motor Accident Claims Tribunal to the injuredSarikaVerma.
the quantum thereof, inter alia, based on the following reasoning:-
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“ 37 It cannot be said claimant Sarika Verma suffered any permanent disability, since there is no material in this regard on record. As per her, after accident, she was initially shifted to Begrajpur Medical College from the spot and from there, he was shifted to Healing Touch Hospital, Ambala City, where many operations were conducted by the doctors on her and she remained admitted there up to 06.05.2019, and she is still under treatment. Claimant has got examined Dr.K.L.Khurana from Healing Touch Hospital as PW4, who has brought record pertaining to medical treatment of claimant-Sarika Verma. Further he has stated that patient Sarika Verma remained admitted in the hospital from 28.04.2019 to 06.05.2019 in connection with serious injuries suffered by her in the accident in question. Further, the said witness has testified in regard to Ex.P-3 i.e. discharge summary issued by the Healing Touch Hospital. Documents
VANDANA 2021.11.15 13:20 I attest to the accuracy and integrity of this document
Ex.P-3(Discharge summary) would show that claimant Sarika Verma remained admitted in hospital from 28.04.2019 to 06.05.2019 in connection with various injuries, which she suffered in the accident in question.
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40. Insofar as loss of earning during the period of treatment is concerned, it is apparent that she remained admitted in hospital from 28.04.2019 to 06.05.2019, and it can well be gauged that due to injuries received and due to pain etc. caused by the said injuries, she must not have been able to pursue her work for three months at least. In regard to her income, claimant Sarika Verma has placed upon record income tax return for the assessment year 2018-2019. The gross income as per document Ex.P16 i.e. Income Tax Return for the assessment year 2018-2019 is Rs. 2, 54,000/-.Her monthly income thus comes to Rs. 21,166.66. Loss of earning during the period of treatment thus comes to Rs.63,499.98 (Rs.21,166,66x3=63,499.98). 41. In so far as the head “damages for pain suffering and trauma as a consequence of the injuries” is concerned, an amount of Rs.50,000/- is granted under that head. 42. In total, claimant is held entitled to a sum of Rs. 2,15,257.98 as compensation for the injuries suffered by her in this accident, as tabulated below:-
| Injury case | ||
|---|---|---|
| Period of Hospitalization 28.04.2019 to 06.0 | 5.2019 | |
| Heads of claim | ||
| Sr. No. |
Amount (Rs.) | |
| 1 | Expenses relating to treatment, hospitalization, medicines which were incurred by the claimant. |
Rs.51,758/- |
| 2. | Transportation, nourishing food and miscellaneous expenses |
Rs.50,000/- |
| 3. | Loss of earning during theperiod of treatment | Rs.63,499.98 |
| 3. | Damages for pain, suffering and trauma | _Rs.50,000/- _ |
| 4. | Total (1+2+3+4) | Rs.2,15,257.98 |
VANDANA 2021.11.15 13:20 I attest to the accuracy and integrity of this document
not suffered by her if that were the case, I am of the view that even mental trauma is an injury, which leaves the victim scared for rest of her life having been witness to the accident where one of the co-victim lost the life, is much worse than having suffered physical injuries.
| 01.11.2021 vandana |
(AR | UN MONGA) JUDGE |
|---|---|---|
| Whether speaking/reasoned: | Yes/No | |
| Whether reportable: | Yes/No |
VANDANA 2021.11.15 13:20 I attest to the accuracy and integrity of this document
UP State Road Transport Corporation
Sarika Verma and another
ARUN MONGA
As recorded by the court registry
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