IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2504 of 1994 Date of decision:28.07.2010 State of Haryana ....Appellant versus Sultan Singh and another ...Respondents II. FAO No.2505 of 1994 State of Haryana ....Appellant versus Om Parkash and others ...Respondents III. FAO No.2506 of 1994 State of Haryana ....Appellant versus Smt. Veena Goel and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Kunal Garg, AAG, Haryana. Ms. Anju Arora, Advocate, for the respondents in FAO No.2504 of 1994 and Mr.Vinod Gupta, Advocate, for the Insurance Company in FAO Nos.2505 and 2506 of 1994. ---- 1. Whether reporters of local papers may be allowed to see the judgment ? 2. To be referred to the reporters or not ? 3. Whether the judgment should be reported in the digest ? ---- FAO No.2504 of 1994 - 2 - K.Kannan, J. 1. These three appeals arise out of the same accident of a collision of a car with the bus belonging to the Haryana Roadways. The claims are by the driver of the car, who has suffered injuries in MACT case No.6 of 1993 and the subject of appeal in FAO No.2504 of 1994. Another claimant Om Parkash also had suffered injuries being a passenger of car in MACT case No.5 of 1993 and the subject of appeal in FAO No.2505 of 1994. One of the passengers of the vehicle died and the third case is a claim in MACT case No.121 of 1990 which is subject of appeal in FAO No.2506 of 1994. 2. Before this Court, the contention of the learned counsel appearing for the appellant-Haryana Roadways is that the driver of the car was responsible for the accident. The evidence given by the driver Sultan Singh was read in Court to say that he had admitted that he had consumed liquor the previous night. The accident had taken place in the morning at 7.30 and, therefore, it was stated that the accident was on account of the reckless driving of the person, who was in drunken state. It was elicited in the evidence that the car was proceeding on the main road and the Haryana Roadways which was coming from the opposite direction, had taken a right turn from the main road and the point of impact showed that the bus had been hit on the left side of its body. By the very nature of things in the manner in which the damage had been caused to the bus and the car, it can be visualized that the bus was cutting into the main road and the point of impact on the bus was at the front portion and not towards the middle or the back. In other words, if the FAO No.2504 of 1994 - 3- driver of the bus had applied caution and allowed the vehicle going on the main road to pass through, the accident would not have taken place. It was also brought out through a sketch drawn by the police that there had been wheel marks on the road for the car suggesting that the driver had applied brakes and had attempted to stop the vehicle. The plea on behalf of the Haryana Roadways that the driver of the car was in a drunken state, in my view, cannot be true by the mere fact that the driver had admitted to having consumed liquor on the previous night. The accident had taken place in the morning and to stretch a drunken state from consumption at the previous night, the evidence must have been so overpowering that an intoxication could cause inebriated state to sustain that many hours long. Such a state if it was possible, it should have been brought out though the doctor, who had examined the driver and had admitted him in the hospital for injuries. The medico legal report itself does not say that the driver was in an intoxicated state. The best evidence, in this case, would have been only the doctor's evidence that the driver was not in a fit state to drive. Such an evidence is not available. The finding of negligence by the Tribunal attributing it to the driver of the Haryana Roadways cannot, therefore, be faulted. 3. It was in evidence that the driver had suffered multiple injuries, fracture on right leg, fracture on left leg and other grievous injuries. There had been a reduction of fracture by insertion of a steel plate on the right arm, right leg and wiring in the left leg. The operation had been rendered five times on the driver. It can therefore be easily seen that the injuries suffered by the driver were extensive and surgical FAO No.2504 of 1994 - 4 - invasion into the body were also substantial. The doctor, who had examined him before the trial, had certified that he had suffered permanent disability to the tune of 35%. 4. Having regard to the prolonged hospitalization, repeated surgeries and the permanent disability to a driver, who had also suffered loss of earning capacity by such injuries, the Tribunal held loss of earning at Rs.25,000/-; for pain, agony and suffering, Rs.25,000/-; for permanent disability upto 35%, Rs.70,000/-; for medical treatment, Rs.25,000/-; and Rs.5,000/- for taxi charges, special diet etc. The assessment of compensation by the Tribunal, in my view, is appropriate and there is no need for any review of the quantum assessed. The appeal against the award in FAO No.2504 of 1994 is dismissed. 5. As regards the claim in FAO No.2505 of 1994, it relates to the award assessed for injuries suffered by a passenger in the car. He had himself examined PW14, who gave evidence to the effect that he was moved to Civil Hospital, Ambala City, after the accident and his condition initially was very bad and he had to be shifted for better clinical management to PGI, Chandigarh. He had received injuries on his forehead, right hand and also had suffered fracture on his limbs. He remained at PGI from 21.02.1993 to 06.03.1993. During his hospitalization, he had been transfused blood for heavy loss of blood that had resulted by the accident. After he was discharged from PGI, he was again admitted in N.C.Jindal, Eye and Surgical Hospital, Hisar. He continued his treatment for other ailments at PGI upto 21.05.1993. The visits from Hisar to PGI had to be undertaken in taxi at every time FAO No.2504 of 1994 - 5 - costing Rs.2,000/-. He had also been prescribed special diet by the doctor which cost the claimant Rs.30 to 40/- per day additionally. He had given evidence to the effect that he had spent about Rs.70,000 to 75,000/- for his medical treatment including diet and taxi charges. The injury on his forehead had disfigured his face. His hospitalization inflicted loss of earning for him for more than two months. He suffered enormous pain and suffering and he could not walk around properly. He had taken permission for doing postgraduate study in his place of employment and he could not continue the studies. For the injuries had been recorded by the doctor, A.K. Garg, Medical Officer, General Hospital, Ambala City, that registered as many as five sites of injuries on his body, Doctor, Vijay Goni, Senior Resident, department of Orthopeadic, PGI, has also been examined as PW-11. He certified him to have suffered 15% disability. Against the claim for medical expenses to the tune of Rs.70,000 to 75,000/-, the Tribunal had only awarded Rs.15,000/-; Rs.5,000/- for special diet and Rs.10,000/- for pain and sufferings; for permanent disability, the assessment was made for Rs.30,000/-; for loss of earning for two months for a person, who was earning Rs.1911/- per month, the Court assessed the loss to be Rs.4,000/- and in all, awarded Rs.64,000/-. Every head of claim has been properly assessed, but if at all, this is a case of under assessment for the medical expenses incurred. There is no cross appeal and I do not therefore want to reassess the same. The award relating to the claim is, therefore, sustained. The appeal by the Roadways shall be dismissed. 6. The claim in FAO No.2506 of 1994 is for the death of a FAO No.2504 of 1994 - 6 - passenger of the bus and the claimants were the widow and two minor children. The deceased was a lawyer by profession and his net income after deduction for income tax was Rs.1,08,176/-. The extent of dependence had been assessed at Rs.72,118/-. Referring to the status of the deceased, there was evidence that he had an independent bungalow built on 500 square yards in land with all modern facilities and he had also admitted his children in reputed public residential schools. He had two juniors in office and two Clerks besides a Stenographer and was reported to be maintaining more than one thousand briefs at the time of his death. He had a car and a scooter and they had been also described with reference to particular registration numbers. He had two telephone connections and had a fully furnished chamber at the District Court at Hisar. There was evidence to the effect that the claimant had spent more than Rs.50,000/- towards last rites and the widow had produced the medical bills for the treatment given to him before his death. The deceased was 41 years old and in the peak of his professional career, having 17 years experience at the Bar. The Court had assessed Rs.2 lakhs for medical expenses which were evidenced through medical bills and assessed a compensation of Rs.11,53,888/- for the extent of dependence for the family by adopting a multiplier of 16. The choice of multiplier is erroneous, I find the appropriate multiplier should have been 14. In my view, the net income ought to have been taken as Rs.1,50,000/- at least making adequate provision for future increase for a professional who had established himself. Even if we provide for a 2/3rd contribution to the family and adopting a multiplier of 14, the amount that would become FAO No.2504 of 1994 - 7 - payable would be in excess of over Rs.11,53,888/-. The Tribunal has not even provided for loss of consortium, loss of love and affection for the children, the funeral expenses and loss to estate. If those amounts are also added, it will be far in excess of what was awarded by the Tribunal. There is no cross appeal for enhancement of the award and, therefore, I am of the view that the amount assessed already by the Tribunal does not require to be interfered with. The appeal by the roadways as regards the compensation awarded to the wife and children would require no interference. In result, all the three appeals are dismissed affirming the awards passed by the Tribunal. (K.KANNAN) JUDGE 28 .07.2010 sanjeev