Rajbir Vs Raj Singh

Present appeal has been preferred by the legal representatives (hereinafter referred to as ‘appellants-claimants’) of injured-Maman (hereinafter referred to as ‘deceased’), who suffered injuries in motor

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vehicular accident which took place on 20.02.1995 on account of rash and negligent driving by respondent-driver while driving truck bearing registration No. HRK-2095 (hereinafter referred to as ‘offending vehicle’), being aggrieved by the insufficient compensation of Rs.10,000/- granted towards loss of estate awarded vide impugned award dated 08.09.2000 passed by Motor Accident Claims Tribunal, Panipat (hereinafter referred to as ‘Tribunal’).

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Initially claim petition was preferred by the deceased himself claiming compensation on account of injuries suffered by him resulting in 100% permanent disability due to spinal and head injuries. However, unfortunately deceased had died on 28.08.1995 , though appellants-claimants had claimed that the deceased had died within six months of the accident on account of injuries suffered by him. However, in absence of any specific material, this plea of appellants-claimants was not accepted as no postmortem report was adduced to relate death of the deceased with the accident. Learned Tribunal has duly taken notice of permanent disability certificate Ex.PD which was duly proved by PW4-Dr. Gulshan Bajaj whereby it was found that deceased had suffered permanent disability to the extent of 100% on account of paraplegia due to spinal and head injuries. From the evidence led by appellants-claimants it is therefore, clearly made out that deceased had suffered grievous injuries on his head as well as on his spine due to which he had suffered paraplegia which resulted in 100% permanent disability.

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There is no rebuttal to the fact that the deceased had died on

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28.08.1995, therefore, compensation was paid only for loss of estate suffered by appellants-claimants.

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Learned counsel for appellants-claimants submits that right to seek compensation had arisen in favour of deceased on 20.02.1995. The deceased had suffered grievous injuries resulting in 100% permanent disability, therefore, even if appellants – claimants had failed to prove death of deceased on account of accidental injuries. The right of deceased to receive compensation for injuries suffered had accrued on 20.02.1995 and any compensation which had accrued on 20.02.1995 would be part of his estate and would be legally succeeded by the appellants-claimants. Therefore, learned Tribunal has erred in not determining compensation under various other heads and said compensation has to be taken as loss of estate and is payable to the appellants/claimants.

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On consideration, I find merit in the contentions raised on behalf of appellants/claimants. The right to seek compensation in favour of deceased had arisen on 20.02.1995. The claim petition was filed by the deceased himself during his lifetime, therefore, delay in determining compensation payable to him cannot be used against to the detriment of the rights of the deceased or appellants-claimants in favour of respondent. In fact, the right to seek compensation had arisen in favour of deceased on 20.02.1995 and deceased had exercised his option to seek compensation by filing claim petition during his lifetime.

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Therefore, the loss suffered by the deceased needs to be determined and would amount to loss of estate as the compensation in the

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hands of deceased would be added to his estate and can be succeeded by his appellants-claimants.

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In the present case, learned Tribunal has erred in not determining the compensation payable to injured-Maman and only awarded Rs.10,000/- under the head loss of estate.

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In the present case Dr. Gulshan Bajaj appeared as PW-4 and duly proved nature of injuries of the deceased as well as resultant permanent disability due to said injuries. PW4 has duly stated that deceased had suffered head and spinal injuries due to which he suffered paraplegia and had become 100% disabled.

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Therefore, in the present case functional disability needs to be taken as 100% on account of paraplegia. The deceased would not have been able to earn anything for his livelihood on account of injuries suffered by him in the accident.

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In the present case, deceased was aged 22 years old at the time of the accident and stated to be running a kiryana shop and earning Rs.8,000-9,000/- per month. However, no material has been placed on record by the appellants-claimants to show that deceased was owner of kiryana shop and was earning Rs.8,000-9,000/- per month as was pleaded. The self-serving oral assertions in absence of cogent and reliable evidence is of no help to the case of appellants/claimants. Therefore, in order to assess the income of the deceased he needs to be considered a labourer earning minimum wages payable in the year 1995 when accident had taken place. The minimum wages payable to unskilled worker in the year 1995 were

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Rs.1,340/-per month. Accordingly, to determine loss of earning capacity, income of injured-Maman (since has died) is taken as Rs.1,340/- per month. Keeping in view age of injured-Maman at the time of accident, multiplier of ‘18’ and future prospects to the extent of 40% needs to be added in view of judgments of Hon’ble Supreme Court in Sarla Verma Vs. Delhi Transport Corporation, 2009 (6) SCC 121 and National Insurance Company Ltd. Vs. Pranay Sethi & Ors., 2017 (16) SCC 680.

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No medical records have been placed on record to prove expenses incurred upon medicines and treatment of the deceased. Keeping in view nature of injuries and permanent disability arising due to the accident, it is clearly made out that deceased must have spent some amount on medical treatment, hospitalization, transportation, special diet, attendant charges etc. the deceased had remained confined to bed from the date of accident till his death on 28.08.1995, accordingly, compensation of Rs.30,000/- is awarded under the head medical expenses, transportation, hospitalization, special diet, attendant charges, etc. The deceased had suffered grievous injuries resulting into permanent disability which shows that he must have undergone immense pain and sufferings. Accordingly, compensation of Rs.60,000/- towards pain and sufferings is awarded. The deceased would have suffered loss of future prospects as well as future amenities of life, accordingly, compensation of Rs.60,000/- is awarded under this head. The deceased must have remained out of job for at least 6 months as is made out from the date of accident and date of his death, accordingly, he shall be entitled to compensation for loss of income during treatment (i.e.

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Rs.1,340 x 6 = Rs.8,040/-).

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Reworked compensation payable to appellants/claimants is as

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under :-

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Income	Rs.1,340/-per month (as per minimum wages)	Rs,1,340/-per month
Future prospects	40% (1340+536)	Rs.1,876/-
100% Functional disability	100% of Rs.1,876/-	Rs.1,876/-
Multiplier	18	18
Total Loss of earning capacity	Rs.1,876 x 12 x 18	Rs.4,05,216/-
Medical expenses, transportation, special diet, attendant charges		Rs.30,000/-
Compensation for Loss of future prospects and loss of future amenities of life		Rs.60,000/-
Compensation for Pain and sufferings		Rs.60,000/-
Loss of income during treatment	Rs.1,340/- x 6	Rs.8,040/-
Compensation awarded by Tribunal	Rs.10,000/-
Compensation awarded in appeal		Rs.5,63,256/-
Enhancement of compensation	Rs.5,63,256/- (as awarded in appeal) – Rs.10,000/- (as awarded by Tribunal)	Rs.5,53,256/-

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Appellants-claimants shall be entitled to enhanced

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compensation along with 7.5% interest from the date of filing of claim petition till realization of entire amount. Apportionment and liability to pay

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compensation shall be as per award.

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Appeal is allowed in above terms.

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FAO No. 3057 of 2001

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In the present case, appellant/claimant Maha Singh has claimed compensation on the ground that he had suffered multiple grievous injuries in the accident. It is the case of the injured appellant-claimant that he was 34 years old at the time of accident and on account of injuries suffered in the accident he has lost his earning capacity and has suffered grave loss. However, except for MLR [(Ex. PKK) which has been produced by appellant/claimant] which shows number of injuries and not the nature of injuries, neither any treatment record nor any hospitalization record or hospital/medical bills have been produced. From MLR (Ex.PKK) it can only be concluded that appellant/claimant had suffered simple injuries in the accident. Appellant/claimant has been granted compensation of Rs.3,000/by the learned Tribunal which keeping in view nature of injuries appears to be insufficient and is accordingly enhanced to Rs.12,000/-.

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Appellant-claimant shall also be entitled to enhanced compensation along with 7.5% interest from the date of filing of claim petition till realization of entire amount. Apportionment and liability to pay compensation shall be as per award.

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Appeal is allowed in above terms.

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FAO No. 3058 of 2001

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Present appeal has been preferred by the legal representatives (hereinafter referred to as ‘appellants-claimants’) of injured-Om Pati (hereinafter referred to as ‘deceased’), who suffered injuries in motor vehicular accident that took place on 20.02.1995 on account of rash and

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negligent driving by respondent-driver while driving truck bearing registration No. HRK-2095 (hereinafter referred to as ‘offending vehicle’), being aggrieved by the insufficient compensation of Rs.1,000/- granted towards loss of estate awarded vide impugned award dated 08.09.2000 passed by Motor Accident Claims Tribunal, Panipat (hereinafter referred to as ‘Tribunal’).

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In the present case, appellants-claimants have claimed compensation on the ground that deceased had suffered multiple grievous injuries in the accident. It is the case of the appellants-claimants that the deceased was 30 years old at the time of the accident and received serious and grievous injuries on all over the body specifically on the forehead, knees and both the elbows. However, except for MLR (Ex. PL) which has been produced by appellant/claimant shows number of injuries and not the nature of injuries, neither any treatment record nor any hospitalization record or hospital/medical bills have been produced. From MLR (Ex.PL) it can only be drawn that appellant/claimant had suffered simple injuries in the accident. It is the case of the appellants-claimants that the deceased was doing the work of stitching and earning Rs. 1,500/- per month. Appellant/claimant has been granted compensation of Rs.1,000/- by the learned Tribunal keeping in view nature of injuries appears to be insufficient and is accordingly enhanced to Rs.9,000/-.

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Appellant-claimant shall also be entitled to enhanced compensation along with 7.5% interest from the date of filing of claim petition till realization of entire amount. Apportionment and liability to pay

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compensation shall be as per award.

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