Deepak Kumar Vs Jagjit Sinngh and Anors — Motor Accident Claims | Punjab & Haryana HC (2026)

Deepak Kumar Vs Jagjit Sinngh and Anors — Motor Accident Claims | Punjab & Haryana HC (2026)

What the court decided

AI extract

Outcome

Enhancement of compensation by Rs. 9,50,000/- (rounded off from Rs. 9,50,800/-) over and above the Rs. 2,50,000/- already awarded by the Tribunal, payable jointly and severally by the respondents along with interest @ 7.5% per annum from the date of filing of the claim petition till realization; appeal allowed to the aforesaid extent.

Issue for consideration

Whether the appellant's functional disability should be assessed at 100% (despite assessed medical disability of 60%) for computation of loss of future earning capacity, given head injury with left-sided hemiplegia, aphasia and malunited left humerus fracture. +2 more

Court's answer

Notwithstanding the assessed medical disability of 60%, the appellant's functional disability is assessed at 100%, as his capacity to pursue gainful employment stands practically extinguished due to neurological impairment (hemiplegia and aphasia) and dependency on assistance for movement and speech.

Ratio / Principle

As the pleaded earnings of Rs. 6,000/- per month as a carpenter were not supported by cogent documentary or independent evidence, the appellant's income is reasonably assessed at Rs. 2,000/- per month on notional basis, i.e. Rs. 24,000/- per annum.

Key takeaways

In view of the law laid down in National Insurance Company Limited v. Pranay Sethi, addition of 40% towards future prospects is warranted as the appellant was below 40 years of age (annual income thereby becoming Rs. 33,600/-); applying multiplier of 18 appropriate for age 20 years as per Sarla Verma, loss of future earning capacity works out to Rs. 6,04,800/-.ratio¶37
Under the composite head of medical expenses and ancillary charges, the Tribunal's award of Rs. 1,00,000/- is maintained, considering the prolonged hospitalization, surgeries, follow-up treatment and overall circumstances (though bills of Rs. 34,080/- were formally proved, oral evidence indicated substantial expenditure on treatment, transportation and special diet).ratio¶38

Detailed headnote1 paragraphs

Enhancement appeal (FAO-1572-2003, Punjab & Haryana High Court, decided 18.02.2026 by Deepak Gupta, J.) against the award dated 07.02.2003 of the Motor Accident Claims Tribunal, Hoshiarpur, which had granted Rs. 2,50,000/- with interest to the injured-claimant for multiple grievous injuries suffered on 30.01.2002 in an accident caused by rash and negligent driving of car No. PB-08A-7554 — severe head injury with sequel left-sided hemiplegia with aphasia and malunited fracture of left humerus. Although medical disability was assessed at 60%, the Court, relying on Raj Kumar v. Ajay Kumar on the distinction between medical and functional disability, assessed functional disability at 100% as the appellant's capacity for gainful employment stood practically extinguished. Income was notionally assessed at Rs. 2,000/- per month (Rs. 24,000/- per annum) for want of proof of pleaded earnings of Rs. 6,000/- per month; 40% was added towards future prospects per Pranay Sethi and multiplier 18 applied per Sarla Verma, giving loss of future earnings of Rs. 6,04,800/-. Head-wise re-assessment (medical expenses Rs. 1,00,000/- maintained; loss of income during treatment Rs. 10,000/-; attendant charges Rs. 2,16,000/-; pain and suffering Rs. 50,000/-; loss of marriage prospects Rs. 50,000/-; loss of amenities Rs. 1,00,000/-; transportation Rs. 25,000/-; special diet Rs. 25,000/-; future medical expenses Rs. 20,000/-) took total compensation to Rs. 12,00,800/-; enhancement of Rs. 9,50,000/- (rounded from Rs. 9,50,800/-) was awarded jointly and severally against the respondents with interest @ 7.5% per annum from the date of filing of the claim petition till realization. Appeal allowed.