Punjab and Haryana High Court (Deepak Gupta, J.) allowed three FAOs (FAO-3514-2002, FAO-3515-2002, FAO-5274-2002) seeking enhancement of compensation under a common award dated 12.02.2002 of the Motor Accident Claims Tribunal, Sirsa, arising from an accident near village Ottu between a mobile van (DL-1-LA-6575) carrying a medical team and a bus (HR-39/1470); the Tribunal had found both drivers negligent and apportioned liability equally, a finding unchallenged and final. (i) FAO-5274-2002 - Vikramjit Singh, a 21-year-old pharmacist earning about Rs. 4,000/- per month who lost his employment, with 50% certified permanent disability (mandible/maxilla fractures with loss of teeth and facial disfigurement, right femur fracture with steel rod in situ, sciatic nerve injury causing foot drop): functional disability taken at 50%, annual loss of earning capacity Rs. 24,000/-; 40% added towards future prospects per National Insurance Company Limited v. Pranay Sethi, 2017 AIR SC 5157, giving Rs. 33,600/-; multiplier 18 applied, loss of future earnings Rs. 6,04,800/-; plus Rs. 1,50,000/- pain and suffering, Rs. 2,00,000/- loss of amenities/disfigurement, Rs. 1,00,000/- medical expenses (including future treatment) and Rs. 75,000/- attendant/diet/transport, totalling Rs. 11,29,800/-; enhancement Rs. 9,50,000/- after deducting Rs. 1,80,000/- awarded by the Tribunal. (ii) FAO-3514-2002 - Manju Bala, 9% permanent disability (rib and facial fractures, loss of three teeth, scarring of upper lip), who continued in service without loss of salary and whose medical expenses were substantially reimbursed by her employer: disability held not to translate into functional loss of earning capacity; compensation reassessed at Rs. 1,00,000/- (Rs. 30,000/- physical disability, Rs. 25,000/- pain and suffering, Rs. 25,000/- loss of amenities and disfigurement, Rs. 20,000/- miscellaneous); enhancement Rs. 70,000/- after deducting Rs. 30,000/-. (iii) FAO-3515-2002 - Dr. Anita Arora, a Medical Officer with 30% permanent disability (right femur fracture, both forearm bones fractured, foot drop; surgeries at PGI Chandigarh), who resumed duties without proven loss of salary and whose medical expenses including future treatment were reimbursed: no award under loss of future income; compensation reassessed at Rs. 2,20,000/- (Rs. 90,000/- permanent disability, Rs. 50,000/- pain and suffering, Rs. 50,000/- loss of amenities, Rs. 30,000/- miscellaneous); enhancement Rs. 1,30,000/- after deducting Rs. 90,000/-. All enhanced amounts carry interest @ 7.5% per annum from the date of filing of the claim petitions till realization; liability to pay remains as determined by the Tribunal.
