The Single Judge dismissed the appellant's appeal against the quantum of compensation awarded to the injured respondent in a motor accident case, holding the Tribunal's reasoning cogent and acceptable.
Appeal dismissed; pending application 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-1745-2021 (O&M) Date of decision: 01.11.2021
UP State Road Transport Corporation
…Appellant
Versus
Rahul Kumar 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 injuredRahul Kumar Verma.
the quantum thereof, inter alia, based on the following reasoning:-
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“ 43 It cannot be said claimant Rahul Kumar Verma suffered any permanent disability, since there is no material in this regard on record. As per him, after accident, he 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 him and he remained admitted there up to 06.05.2019, and he is still under treatment. Claimant has got examined Dr.K.L.Khurana from Healing Touch Hospital as PW4, who has brought record pertaining to his medical treatment. The said witness has stated that patient Rahul Kumar Verma remained admitted in the hospital from
VANDANA 2021.11.15 13:20 I attest to the accuracy and integrity of this document
28.04.2019 to 06.05.2019 in connection with serious injuries suffered by him in the accident in question. Further, the said witness has testified in regard to Ex.P-1 & Ex. P-2 i.e. discharge summary issued by the Healing Touch Hospital and computerized bill pertaining to the hospital. Documents Ex.P-1 Discharge summary would show that claimant Rahul Kumar Verma remained admitted in hospital from 28.04.2019 to 06.05.2019 in connection with various injuries, which he suffered in the accident in question. Further, discharge summary would show that he received multiple fractures on various parts of the body. Ex. P2 would show that expenses relating to treatment at the said hospital and expenses relating to medicines are Rs.81,645/-. Besides that, claimant Rahul Kumar Verma has placed on record documents Ex. P5 to Ex.P11 in order to show that he also took treatment in regard to injuries, which he received in the accident, from other hospitals. From the dates, which these documents bears, it cannot be said that they are not in relation to the injuries, which claimant Rahul Kumar Verma suffered in the accident in question. Even respondents have not been able to bring home the point that the said bills are not connected with the injuries, which claimant Rahul Kumar Verma suffered in the accident in question. Since that is so, therefore, the amount which finds mention in these bills is also to be counted towards the expenses on treatment, medicines.
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46. Insofar as loss of earning during the period of treatment is concerned, it is apparent that he 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, he must not have been able to pursue his work for three months at least. In regard to his
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income, claimant Rahul Kumar Verma has placed upon record income tax return for the assessment year 2017-2018, 20182019 and 2019-20. The gross annual income after deduction of tax, as per document Ex. P12 i.e. Income Tax Return for the assessment year 2017-2018, comes to Rs.4,48,442/(Rs.4,48,442/12=Rs.37,370.16). His monthly income during that period thus comes to Rs.37,370.16. The gross annual income after deduction of tax, as per documents Ex.P13 i.e. Income Tax Return for the assessment year 2018-2019, comes to Rs.4,82,534/- (Rs.4,82,534/12=Rs.40,211.16). His monthly income during that period thus comes to Rs.40,211.16. The gross annual income as per document Ex.P14 i.e. Income Tax Return for the assessment year 2019-2020, comes to Rs.2,45,126/-. His monthly income during that period thus comes to Rs.20,427.16.
The average monthly income of claimant Rahul Kumar Verma as per income tax returns for the assessment years 2017-2018, 2018-2019 and 2019-2020 comes to Rs.32,669.50. Hence, loss of earning during the period of treatment comes to Rs.32,669.50X3= 98,008.50).
47. 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.
48. In total, claimant is held entitled to a sum of Rs. 2,94,372.50 as compensation for the injuries suffered by him 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.96,364/- |
| 2. | Transportation, nourishing food and miscellaneous expenses |
Rs.50,000/- |
| 3. | Loss of earning during theperiod of treatment | Rs.98,008.50 |
| 3. | Damages for pain, suffering and trauma | _Rs.50,000/- _ |
| 4. | Total (1+2+3+4) | _Rs.2,94,372/- _ |
VANDANA 2021.11.15 13:20 I attest to the accuracy and integrity of this document
Perusal of the above reflects that the Tribunal has given cogent and acceptable reasons while arriving at the quantum of compensation. I find no grounds to take a different view.
01.11.2021 (ARUN MONGA) vandana 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
2 issues framed by the court
Whether the compensation awarded by the Motor Accident Claims Tribunal was arbitrary or required correction.
Whether the finding of no physical injury meant the victim suffered no legal damage.
UP State Road Transport Corporation
Rahul Kumar Verma
Arun Monga
As recorded by the court registry
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